Child Welfare Staff Attorney Position at Nebraska Appleseed

Job Announcement

Staff Attorney – Child Welfare Program

Organization Profile

Nebraska Appleseed is a nonprofit organization that fights for justice and opportunity for all. Appleseed takes a systemic approach to complex issues – such as children’s welfare, immigration policy, affordable health care, and poverty – and takes its work wherever it can do the most good, whether that’s at the courthouse, at the statehouse, or in the community. For more information visit neappleseed.org.

Nebraska Appleseed is an equal opportunity employer; people of color, members of the LGBTQ community, individuals with disabilities, individuals with personal experience in the child welfare system, and those from diverse backgrounds are strongly encouraged to apply. Nebraska Appleseed does not discriminate on the basis of race, color, national origin, ethnic background, religion, gender, sexual orientation, age, or disability.

Position Summary

The Staff Attorney will be responsible for working with the Child Welfare Program Director to identify and develop legal and policy solutions to issues impacting Nebraska’s child welfare system. The focus of the work will be on reforming the state’s child welfare system to make sure it supports children and families who need its intervention, and that intervention does not contribute to problems. The Staff Attorney will engage in policy research and analysis, legal research and litigation, and resource development. This position will report to the Child Welfare Program Director, and will work closely with staff attorneys in other programs and the Child Welfare Program Associate. This is a full-time position based in our office in Lincoln, Nebraska.

Responsibilities:

The Staff Attorney will work with the Child Welfare Program Director to carry out the objectives of the program. Specific responsibilities include:

  • Identifying laws and policies that negatively affect the welfare of Nebraska children and working with Child Welfare Program Director, Legal Director, and other staff attorneys to develop and conduct impact or class action litigation to remedy problems.
  • Conducting policy research and analysis focused on the legal aspects of key issues affecting Nebraska’s child welfare system, as well as drafting and providing testimony to the Legislature and administrative agencies.
  • Developing legal resources and providing technical assistance, including amicus curiae briefs, for a network of “on the ground” juvenile court attorneys.
  • Developing educational materials (e.g., reports, fact sheets, presentations, policy briefs) for key stakeholders.
  • Learning from community members and community partners about issues and potential systemic solutions.
  • Supervising law clerks and interns, and advising intake coordinator on child welfare intakes.
  • Participating, as needed, in administrative tasks and program teams.

Qualifications:

  • Licensed to practice law in Nebraska or be willing to take necessary steps to be licensed.
  • Excellent legal research, analytic, and writing skills.
  • Creative thinking. The ability to develop novel legal theories and strategies to address complex problems.
  • Ability to work independently, be organized and detail oriented.
  • Ability to work in a team-oriented and collaborative environment.
  • Strong interpersonal skills and ability to effectively build and maintain community relationships.
  • Experience in or demonstrated commitment to public interest law and advocacy on behalf of children.
  • Knowledge and awareness of local, regional, and national issues facing child welfare.
  • Three years experience practicing law strongly preferred but exceptional recent graduates will be considered.
  • Legal experience in litigation and the areas of child welfare and juvenile law, administrative law, civil rights, and/or appellate practice preferred.
  • Experience with legislative and administrative advocacy preferred.

Salary and Benefits

Competitive nonprofit salary based on experience and benefits including health, vision, dental, 401(k), and vacation.

To Apply

Position is open until filled. Target start date is March 2017. Please send a cover letter, resume, writing sample, and list of three references to Elizabeth Hutchison at ehutchison@neappleseed.org or mail to: Nebraska Appleseed Child Welfare Staff Attorney search, Nebraska Appleseed, 941 “O” Street, Suite 920, Lincoln, NE 68508 by Friday, Jan. 20. If you have any questions or need additional time to submit materials, please contact Elizabeth Hutchison at 402-438-8853, ext. 122.

Marcia Zug on Sharpe v. Sharpe and Child Support Modifications

Here.

It is easy to presume that maximizing child support is in a child’s best interest, but as the above cases demonstrate, there are exceptions. When the benefits of modification outweigh the negatives, modification should be permitted. This is true for all child support cases, but especially those pertaining to American Indian families. When considering modification requests made by Indian obligors, family courts must be particularly sensitive to the effects of income imputation on individual Native families as well as the effects of imputation on their tribes more broadly. If the benefit of modification relates to the child’s or the parent’s unique status as a member of a federally recognized tribe, this fact should be given substantial, perhaps even decisive, weight in the court’s modification decision. As discussed in Part I, courts applying the strict rule test have permitted modification when it benefits the child or the greater community. Supporting native subsistence lifestyles does both.

Sharpe v. Sharpe is here.

Alaska Public Media Story on the Kenaitze Joint Jurisdiction Court

Here.

Kenaitze Indian Tribe in Kenai is partnering with the State of Alaska to develop the state’s first joint-jurisdiction therapeutic court. Proponents say it’s a step towards better support for community members — both Native and non-Native — who are struggling with substance abuse and the legal system.

Judge Sweet identifies a particular issue of interest:

Kimberley Sweet, Chief Judge for the Kenaitze tribal court, said the situation is having a serious impact on families.

“99 percent of our children and native aid cases come in and there is a drug and alcohol component to either the neglect or the abuse that has taken place and the state court is seeing the same things,” Sweet said. “We were having people in our CINA cases here that had a simultaneous criminal case going on over in the state court.”

Michigan Approves Two Permits for the Aquila Back Forty Mine

There are still two major permits the mine must obtain, including one that may end up requiring federal approval.

Press release here.

Press coverage here.

The press link came via Dylan Miner, who has also put together art work to protest the mine here.

President Designates Bears Ears A National Monument

President Obama’s statement

President Begaye’s statement

Department of Interior’s Press Release

NARF Press Release

Intertribal Coalition twitter feed

High Country News coverage

Forest Service Taking Comments on Reissuing Line 5 Permits in Wisconsin

Project details are here. The USFS is taking public comments through January 6.

Line 5, of course, is the pipeline that runs under the Straits of Mackinac. Additional information is here.

N.D. Supreme Court Accepting Comments Until December 30th on Proposed Temporary Rule to Allow Out of State Lawyers Practice

This temporary rule would allow out of state attorneys to practice in North Dakota so long as the “judicial emergency” (i.e., representing those water protectors who have been arrested) ends.

Notice here. Send comments to supclerkofcourt@ndcourts.gov

Anyone can and should comment. Generally speaking, comments from N.D. barred lawyers in support of this rule would be very helpful. Comments out-of-state lawyers who would practice under this rule would be also helpful. Short comments from non-lawyers in support of the rule would also be good, and especially from those who live in-state.

Proposed rule here.

A lawyer authorized to practice law in another United States jurisdiction, and not disbarred, suspended from practice, or otherwise restricted from practice in any jurisdiction may provide legal services in this jurisdiction on a temporary basis. The legal services must be assigned and supervised through the North Dakota Bar Association, which shall adopt an admission application substantially comporting with that used by the United States District Court for the District of North Dakota.

 

Cert Opposition Briefs Filed in In re Alexandria P. SCOTUS Petition

Briefs are here.

Case page is here.

This is the case out of the California Court of Appeals (California Supreme Court denied review) that garnered a lot of media attention regarding the change in placement of a Choctaw girl in foster care so she could go live with her relatives.

NICWA Launches Heart of ICWA Video Series

Press Release.

The first video is here, and features Quinault President Fawn Sharp and her family. Deepest thanks to her for being a leader unafraid to share her story to help Native families.

2017 US DOJ Coordinated Tribal Assistance Solicitation (CTAS)

Meant to post this sooner, but the CTAS applications are up and due February 28th. These grants provide can support to tribal courts and tribal justice systems:

In Fiscal Year 2010, the U.S. Department of Justice (DOJ) launched the Coordinated Tribal Assistance Solicitation (CTAS) initiative, which encompassed most of the Department’s available Tribal government-specific grant programs. Through CTAS the Department has awarded over 1,600 grants totaling more than $722 million to hundreds of American Indian and Alaska Native communities. The Tribes are using these funds to enhance law enforcement, bolster justice systems, prevent and control delinquency, strengthen the juvenile justice system, serve sexual assault and elder victims, and support other efforts to combat crime.

Solicitation

Fact Sheet

Application