To keep up to date on the impact of the Coronavirus (COVID-19) on the state court system, family law representation, child protective services, and related matters, public defenders can use these resources. Motions and Practice Tips
- Advisory for Attorneys with Clients Being Held on Civil Commitments (failure to pay child support, failure to abide by an order of disposition, etc.). Consider making an application to obtain the client's early release by citing the current public health crisis.
- File a Writ of Habeas Corpus in Supreme Court - see CPLR 70 for requirements
- File a Motion to Renew under CPLR 2221 allowing the court to reconsider an order based upon a demonstration that there has been a change in the law
- The Executive Order from Governor Cuomo declaring a "disaster emergency in the state of New York" due to the coronavirus may be considered a change in the law, or at least a persuasive argument as to why a client should be released.
Guidance
- Letter from Commissioner Poole Regarding Children's Bureau guidance (September 16, 2020) (NYS Office of Children and Family Services)
- Letter to State and Tribal Child Welfare Leaders regarding Termination of Parental Rights, Service Delivery Strategies, and Adoptive Family Challenges (June 23, 2020) (Children's Bureau)
- Center for Elder Law and Justice, Nicole K. Parshall and Her Justice Organization, Anna Maria Diamanti, Practical Considerations for Attorneys in the Virtual Courtroom (2020)
- NYS Office of Children and Family Services, Youth and Family Visitation Guidance, July 15, 2020
- ABA Article, The Risk of Hidden Foster Care during COVID-19 By Angie Schwartz and Cathy Krebs, June 1, 2020
- Drafted by Legal Services of New Jersey, Information for Parents on Hidden Foster Care
- American Bar Association, A Joint Statement on the Use of Hidden Foster Care During the Pandemic, May 27, 2020
- ABA Children’s Rights Litigation, Resources for Children’s Lawyers During a National Emergency
- ABA Center on Children and the Law, Interdisciplinary Parent Representation: Bringing Hope to Families During the Pandemic and Beyond, Webinar May 2020
- Empire Justice Center, COVID-19 FAQ Stimulus Checks and Child Support, April 2020
- NYS Unified Court System Division of Technology, Electronic Document Delivery System 'EDDS' User Guide for Family Court Submitters, May 2020
- New York CHAMPS, CHAMPS-NY Letter re Child Welfare Impacts of COVID Response, April 24, 2020
- Juvenile Law Center Pennsylvania, Emergency Plan with Transition Age Youth in Foster Care in Pennsylvania
- American Bar Association Family Law Section, COVID-19 Resources and Guidance Documents
- Ancient Song Doula Services Webinar, COVID-19 Responses for Child Welfare and Resisting Surveillance, April 17, 2020
- American Bar Association Civil Rights and Social Justice Section, COVID-19 and Child Welfare Cases Webinar and Resources, April 9, 2020
- NYC Administration for Children's Services, Guidance for Prevention Providers: Home Visits and Casework Contacts, Revised April 3, 2020
- NYSDA, Comments on Proposed OCFS Rulemaking: Host Family Homes, March 30, 2020
- Capacity Building Center for Courts, Conducting Effective Remote Hearings in Child Welfare Cases Tips Sheet, April 2020
- Department of Health and Human Services - Administration for Children and Families, Letter Addressing Questions and Concerns Regarding Child Welfare Issues In Light of COVID-19 Pandemic by Jerry Milner, March 27, 2020
- NYC Administration for Children's Services, Emergency Guidance for Foster Care Providers: Casework Contacts, Family Time and Family Team Conferences, Revised March 20, 2020
- NYS Office of Children and Family Services, Guidance for Community-Based Visits and Visitor Screening, March 20, 2020
- NYS Office of Children and Family Services, Guidance for Foster Care and Preventive Staff, March 20, 2020
- NYS Office of Children and Family Services, Letter to Detention Directors re: waiver application for waiver on the prohibition of cohousing AO male youth with JD and JO male youth, March 20, 2020
- Office of Children and Family Services Guidance to Child Protective Services Staff, March 15, 2020
- Government Programs in Response to COVID-19 Developments, Low and No Cost Options for Virtual Contact and Participation
Executive and Administrative Orders - Appellate Division of the Supreme Court of the State of New York, Fourth Judicial Department, Amends Local Rules Regarding Digital Submission Of Motions And Electronic Filing of Family Court and Criminal Matters, July 1, 2020
- New York City Family Court, Additional Guidelines for Practitioners in Virtual Courtrooms, May 13, 2020
- New York State Unified Court, Administrative Order Third Judicial District - Recognizing the Need to Maintain Family Ties, April 16, 2020
- New York State Unified Court, Third Amended Administrative Order Sixth Judicial District, April 15, 2020
- New York State Unified Court System, Amendment to the Amended Administrative Order Third Judicial District -Essential Matters for Surrogate's Court, April 9, 2020
- New York State Unified Court System, Administrative Order Third Judicial District Family Court Payment Vouchers, April 3, 2020
- New York State Unified Court, 4th Judicial District Administrative Order 4JD-014-2020, March 17, 2020
- New York State Unified Court System, Administrative Order of the Administrative Judge of the 6th Judicial District, March 17, 2020
- New York State Unified Court System, Tenth Judicial District, Administrative Order and Family Court Administrative Order, March 17, 2020
- Suffolk County Office of the District Administrative Judge, Administrative Order 22-20, March 16, 2020
- New York City Family Court Order and Memo, March 16, 2020
News and Press Releases Websites
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