Information for PMC Volunteers

THE PMC PROJECT

Texas Lawyers for Children (TLC), the Texas Young Lawyers Association (TYLA), and the State Bar Committee on Child Abuse and Neglect are combining efforts to recruit pro bono attorneys to represent or serve as co-counsel for children in the permanent managing conservatorship (PMC) of the state. When a child is removed from the home due to allegations of abuse, the state, through the Texas Department of Family and Protective Services, files a civil court case that ultimately determines the permanent home for the child. In some cases, the child remains in the permanent care of the state and grows up in foster care. The child remains in PMC of the state until the child is adopted, ages out of care between ages 18 and 21, or is emancipated. At the end of 2009, there were over 14,500 children in PMC of the state.

The Family Code requires that judges review these children's living arrangements and needs every six months. Yet, in some counties across Texas, there are no advocates representing these children in court, where crucial issues are addressed, such as the suitability of the living arrangements, need for therapy, educational issues, medication concerns, receipt of state services, and sibling visitation. Legal representation on these and other key issues can help foster children have a happier childhood and help them be better prepared for adulthood. In other Texas counties, children have PMC attorneys, but the children may not be living in the same counties as their attorneys. Because of the distance, it can be difficult for the attorneys to meet with their child clients on a frequent basis.

You can volunteer to serve these children in either of two ways:

1. You can volunteer to be the lead attorney to represent a child in PMC of the state in counties where the children have no court-appointed advocates, or
2. You can volunteer to assist a court-appointed PMC attorney as co-counsel in counties where the children have court-appointed advocates, but the children do not live near their attorneys. For example, an attorney in Dallas may need a Longview attorney to visit a Dallas foster child currently living in Longview.

A NOTE TO JUDGES

Judges in counties with no court-appointed advocates for children in PMC of the state can contact TLC to request a list of available pro bono attorneys willing to serve as the lead attorney for a child in PMC in their county.
 

CLARIFICATION REGARDING INSURANCE

TLC does not provide malpractice insurance for any attorney. Only TYLA members will be covered by TYLA's malpractice insurance.
 

RECOMMENDED TRAINING FOR THE PMC PROJECT

• Texas Bar CLE online course, "Representing Texas Children in Abuse and Neglect Cases (for Attorney Ad Litem Certification)" — Pro bono PMC attorneys can access this training free of charge by contacting Matt Anderson at 512-427-1727 or Matt.Anderson@texasbar.com. Please make sure you inform Matt that you are working on the pro bono PMC project with Texas Lawyers for Children and TYLA.
   
• Series of Ten Minute Mentor videos on how to represent a child in PMC of the state, which is available on the TYLA website.

SERVICES TO ASSIST YOU THROUGH TEXAS LAWYERS FOR CHILDREN

If you have not yet registered to use TLC's free Online Legal Resource and Communication Center (the "Online Center"), simply click on "Register" on the blue menu bar above and complete the online form. Once your registration is activated, you will have access to the services listed below.

Resources

• Instant access to key information on over 1,100 topics. Topics that may be relevant to the PMC Project include:
  • Ad Litem: Powers and Duties
  • Adoption
  • Best Interest
  • Foster Care
  • Group Homes
  • Interviewing Children
  • Medical Issues
  • Mental Health
  • Preschools and Day Care Centers
  • Psychiatric Issues
  • Residential Care
  • School Issues
  • Sealing Court Records
  • Siblings
  • Special Education
  • Teen Parents
  • Visitation

• Colleague Connection — Pose questions to experienced child abuse attorneys via TLC's secure, online email network.
• Document Vault — Share and store documents in a secure, online environment.
• Discussion Board — Engage in online discussions about child advocacy with experienced child abuse attorneys.

VOLUNTEER COMMITMENT

• Assist a PMC Attorney: If you volunteer to serve as co-counsel for an attorney who represents a child in PMC of the state, your commitment will depend on the PMC attorney's needs. Some PMC attorneys may only need you to meet with the child once or twice. Others may need you to assist them by meeting with the child or those involved with the child on an ongoing basis.
   
• Lead PMC Attorney: In counties where there are no court-appointed advocates for children in PMC of the state, a judge will appoint you as the PMC attorney. You will be asked to represent the child until you can no longer serve or until the child ages out of foster case. Your commitment will include meeting with the child and those involved with the child on a regular basis, assessing the child's condition and needs, and appearing in court on behalf of the child at least twice a year. If there comes a time when you can no longer serve as the PMC attorney, you can ask the judge to remove you as the child's attorney by filing a motion to withdraw.

NOTIFICATION

• Assist a PMC Attorney: If you volunteer to assist a PMC attorney as co-counsel, your name will appear on the private Pro Bono Network attorney list (which can only be viewed by Texas judges and attorneys registered for TLC's services). You will be contacted by a lead PMC attorney. Since the PMC Project is new, volunteer attorneys might not be contacted in the first months after their registration.
   
• Lead PMC Attorney: If you volunteer to serve as the lead PMC attorney, your name will not appear on the private Pro Bono Network attorney list. Instead, TLC will provide your name, upon request, to judges in counties that do not provide court-appointed advocates for children in PMC of the state.