Chapter 4
The PRICE TAG
That Lady Justice Wears

There are basically three types of law within our Justice system: 

1. Administrative Law (briefly covered)
2. Civil Law
3. Criminal Law

I usually do a little experiment in my workshops.  It takes a little class time to do, but it is an effective way to make a point. 

Stop for a few minutes, set this booklet aside.  Please go and get the Yellow pages from the largest city near you, or if you live in a large city, the one for that city.  Do you have it?   Now open it to the listings for attorneys or lawyers. However it is listed in your area is what you want.  Now, write down what you find!

How many DWI/DUI attorneys do you see listed ______?
How many Criminal Law attorneys _____?
How many Civil Attorneys ______?
How many Family Law Attorneys _____?
How many Divorce Attorneys _______?
Now, just how many Administrative Law attorneys do you see listed _______?
If you found even two attorneys who specialize in “Family Law” and one in “Administrative Law,” you have done well.

Any wonder why we have trouble
locating an attorney?

Now, add the fact that they must go up against: CPS (Child Protective Services), D.E.S. (Department of Economic Services), or DFS (Department of Family Services).  Whatever they call themselves in your state, it is an entity that most attorneys:

1. Receive referrals from, all the time

2. Face in court on a daily basis

Are up against judges who tend to believe whatever these lying social workers say.

Any wonder why you don’t find a lot of attorneys willing to take on our cases?

Then, add the additional factor that most of us foster parents have very little money set aside for this event. Like teachers and policemen, careers like foster parents are also fall under Administrative Law.

Most foster parents have no assets available to pay attorney’s fees that usually run around $250 - $350 per hour!  Well, it is an impossible situation to say the least.  Most of the time, attorneys require $5,000-$10,000 up-front as a retainer fee before they will even take the case.

What foster parent do you know that has that kind of money in reserve?  So, in a nutshell, here is the task at hand for all foster parents at one time or another:

1. We must find an attorney who actually cares about the client’s drastic situation and wants to be the instrument that puts an end to this injustice.  (Yeah right)

2. Find an attorney who has the fortitude and integrity to stand up for what is right. This is the justice that he/she has sworn to uphold when they became a licensed attorney.  Even when he must stand up against the almighty and powerful Child Protective Services or DES.

Hey, believe me when I say I have actually met a few of them. But, I can tell you they are few-and-far-between. So, remember Lady Justice has a price tag on her.

We have actually seen for ourselves this fact emerge: Those who have good attorneys, right from the beginning, tend to be determined through the appeal process as unfounded, unsubstantiated or unindicated.   In other words—not guilty.

 Those that have a court-appointed attorney tend to be determined through the appeal process as founded, substantiated or indicated.  In other words, guilty as charged.

Practice makes perfect.  I have very little use for Public Defenders for this reason.  I know they probably mean well.  But, unfortunately, they are usually right out of law school with little or no practical experience. They know nothing about foster care problems and even less about Administrative Law.

Even before you ask the question, we have problems locating Attorneys in our Provider Law firms, to service our members under our legal plan as attorneys who specialize in Administrative Law. They are hard to find.

What we do, most of the time, is ask one family law attorney to study up on Administrative Law to become familiar with it.  This way, he/she can represent our members when they call for help.  You can’t blame the attorneys after spending many years in law school for not wanting to specialize in a branch of law that is geared to low-end income individuals who have little or no assets to pay them.

Why should they tie themselves to any particular law firm when they go into private practice and charge, for this very rare specialty of law, even more outside our law firms.  It’s kind of a catch-22 situation. An attorney will specialize in this area of law for one of two reasons:

1. They think that these people will somehow come up with the money for him/her to represent them and gamble on that fact

2. If you, as an attorney set out to make a difference and truly care about these individuals who are being persecuted.

Yes this is a rare specialty of Law.  Question:   Would you be confident enough to allow a doctor to do your brain surgery if you knew that he was in fact a general practitioner?  Of course you wouldn’t.  You need to find a doctor who specializes in brain surgery, just as you need a Family Law or preferably Administrative Law attorney.

Civil Law is basically the law that regulates citizen-to-citizen issues.  Like when your neighbor chops down your tree because it’s limbs are protruding into his yard and dropping leaves.  This is a violation of your civil rights and you would take him to civil court. Other issues that would be designated in this realm would be  divorce, gifts, property disputes, labor issues, and contracts in general. Any dispute involving people when they cannot settle it outside of a courtroom.

Criminal Law is the one that defines criminal activities.  These are offenses against humanity. Laws are set up for guidelines to rule people. If one violates one of these laws, then that person faces criminal charges. You are told what you are charged with, etc. You will have a trial to determine whether you are guilty or not. If found guilty, you will be sentenced to a prison term.

You are probably wondering why I am covering the criminal form of the law in this booklet addressing foster parents’ issues.

Well, it is simple.  After the investigation has been completed and action taken, this is not the absolute end of your ordeal resulting from an allegation.

The District Attorney can, and very
often does, file Criminal Charges
against the foster parents.

If he/she thinks that they have sufficient evidence to prosecute successfully, the DA will do so.  I know of many foster parents who are at the moment serving sentences for an allegation where innuendos and assumptions were presented as evidence.

One child’s testimony, one that has been caught in page-after-page of lies has put this dedicated foster parent in prison with REAL CRIMINALS.  Fair?  Just?  Absolutely not!

Understand, that unless you enter one of the two other forms of law, mentioned above, the normal rules don’t apply under Administrative Law.

 Sometimes your agency will tell you
that you don’t need an attorney.
Do not believe this intentional misinformation.
Take any allegation very seriously.
If you do not, you could be joining those foster parents
now serving a jail sentence in prison.

I have heard for myself foster parents being told not to worry about allegations. That if an allegation is presented, their agencies will stand behind them.

 This is a LIE.
They not only will not stand
behind you—they CANNOT stand behind you.
The entire situation is now a legal situation and
you will not be spoken to lest it jeopardize
the case against you as a child abuser who
simply must be caught, no matter what.

You have been accused of child abuse and you are not their friend anymore. You are their enemy.  They are not even allowed to speak to you from this moment on. If you have ever had an allegation and wondered why your social worker will not return your calls, this is why I have heard foster parents being told by their trainers that allegations do not happen that often.

This is a LIE.
If you doubt that come sit in my office.
Answer the phones for even one week.
That would make it clear, once and for all.

This is precisely the way a majority of the trainers handle questions regarding allegations from the audience of would-be foster parents.  I call this approach the:

Instead of dealing with a question raised by someone from the audience (the class) they dodge the question and make it appear unimportant.  In other words, they gloss over the question.

It reminds me of a politician who has been asked a difficult question that he simply doesn’t know the answer to or doesn’t want to answer.  God forbid foster parents know the truth about the Storm they are eventually going to be facing. This nightmare, this hurricane that will come to visit them down the road.  This is known as the:

I urge every foster parent to study up on their rights, what is expected of them, and know the rules and regulations. If you take the job as foster parent, then never under-estimate the enemy. Never let your guard down.  Become knowledgeable on your job as a foster parent.  We have a saying in our company:

“If you don’t know your Rights,
YOU DON”T HAVE ANY.”

Don’t depend on the enemy to furnish you with this knowledge. ARM YOURSELF.  Many foster parents have lost their licenses due to a minor infraction of a rule that was in the manual.

Had they read the manual they would not
have violated it.   How can anyone follow
rules and regulations if you don’t know
what they are?  Read your manual.
If you did not receive a copy of the
manual—go get one and read it.

1^st Edition: All Rights Reserved
Standing in the Shadow of the Law
September 2007
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