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28 Child L. Prac. 1 (2009-2010)

handle is hein.journals/chilawpt28 and id is 1 raw text is: AN Ghild 110-Law Practice Vol. 28 No. 1 March 2009 Helping Lawyers Help Kids ENGAGING FATHERS Article #4 in a series Engaging Fathers in the Child Protection Process: The Judicial Role (Part 1) by Judge Leonard Edwards (ret.) N oncustodial fathers rarely appear in child protection proceedings.1 Several reasons stand out: the father is hard to locate, the mother is ambivalent about engag- ing the father, the caseworker devalues fathers, and the father feels outside the process and does not want to participate. The list goes on.2 As a judge presiding over child protection cases, you have the power to remove barriers and pro- mote fathers' involvement in child welfare legal proceedings. Fathers are important to the child and to the legal process3 and you play a critical role in engaging them. This article explores: why it is important to engage fathers in the child protection process; the judge's role in determining who the father is and in establish- ing paternity; the judge's role in monitoring agency actions to identify, locate, notify, and support the father; the judge's role in engaging fathers and their families in the child protection process, both in and out of court; and safety considerations for the mother and child if the father presents dangers to one or both. Making Father Engagement a Priority Fathers need to be engaged in the lives of their children4 unless they pose a threat of harm. In the absence of any risk of harm, judges must take steps to ensure fathers partici- pate in the court process.' Engaging fathers in the child protection case and legal proceedings is important for several reasons: * Protects the father's legal rights. The father has a legal right to participate in the proceedings. If the court process does not include the father, in some states he may be able to attack the proceedings. The father's late arrival in the proceedings can affect the out- come for the child and delay permanency.6 Sometimes the child protection process must start over to give the father a fair opportunity to reunify with his child. If the father was never notified of the proceedings, even an adoption could be overturned.7 Promotes children's social well- being and healthy development. Research reveals that children have better outcomes when two parents are involved with their (Continued on page 6) What's Inside: 2 CASE LAW UPDATE 11 IN PRACTICE Improving Child Welfare Practice in Rural Communities 12 HEALTH MATTERS What Passage of CHIPRA Means for Child Advocates 14 ETHICAL DILEMMAS Raising Funds for Courts: Judges' Roles 15 RESEARCH IN BRIEF Recovery Coaches Lower Risk of Drug-Exposed Newborns E-mail: childlawpractice@staff.abanet.org u Intemet: http://www.childlawpractice.org

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