Continuing Legal Education
Continuing Legal Education
NYPWA 2024 Annual Summer Conference
All legal sessions are in-person only and will not be recorded. Local DSS attorneys are eligible for up to 10.5 hours of CLE credits with their paid registration and confirmed attendance.
Sign-in for CLEs opens 15 minutes prior to start of each session.
Monday, July 15, 2024
9:00am — 10:30am
Caseworker and Witness Prep (1.5 CLEs, 90 minutes)
Witness testimony is often the most crucial factor in presenting a winning case at trial. This program will help attorneys prepare caseworkers and providers for courtroom testimony. For caseworkers this training will cover how to prepare for testimony, including understanding the basics about what materials to “study”, the standard of proof for each type of hearing, and how to organize notes to refresh your recollection. We will also discuss issues that are just as important as your words in your testimony- appearance, demeanor, and mannerisms.
Evaluations
PowerPoint with Testimony
1:30pm — 3:00pm
Child Welfare Caselaw Review, Part I (1.5 CLEs, 90 minutes)
The published opinions related to child welfare cases released from January-June 2024 will be reviewed. Part I will primarily be a review of FCA Article 10 cases.
Evaluations
PowerPoint (same for both sessions)
Full Cases (same for both sessions)
3:30pm — 5:00pm
Child Welfare Caselaw Review, Part II (1.5 CLEs, 90 minutes)
The published opinions related to child welfare cases released from January-June 2024 will be reviewed. Part II will primarily be a review of TPR, and custody cases, as well as trial level decisions related to a number of child welfare related cases.
Evaluations
PowerPoint (same for both sessions)
Full Cases (same for both sessions)
Tuesday, July 16, 2024
9:00am — 10:30am
Medicaid Spousal Refusal (1.5 CLEs [.5 CLE in Cybersecurity, Privacy & Data Protection-General], 90 minutes)
When and how to file a petition seeking recovery from chronic Medicaid care payments where there has been a spousal refusal form signed. We will cover the federal and state regulations that require that the LDSS to pursue recovery, what is required for a petition under Articles 3 & 4 of the Family Court Act, and case law from all Departments. The presentation will also address cyber security concerns regarding financial information transmission.
Evaluations
PowerPoint
Sample Petitions
Referral Form
10:45am — 12:15pm
Article 81 Guardianship (1.5 CLEs, 90 minutes)
The program will focus on issues that arise when an LDSS is appointed as guardian. Included will be such areas as: required reports, marshalling and disposition of property, petitioning for additional powers, and issues related to the discharge of the guardianship.
Evaluations
PowerPoint
Materials
Summaries
1:30pm — 3:00pm
Child Witnesses & Expert Witnesses in Child Protective Cases
(1.5 CLEs, 90 minutes)
This presentation will discuss when it is appropriate to call child witnesses and expert witnesses at trial, as well as techniques that can be used when litigating Article 10 Child Protective cases.
Evaluations
PowerPoint
Handouts
3:30pm — 5:00pm
Nicholson v. Scopetta at 20 (1.5 CLEs, 90 minutes)
The presentation will consist of a review of case law in the almost 20 years since Nicholson v. Scoppetta decision was issued. The original decision held that: "(1) evidence that caretaker allowed child to witness domestic abuse against caretaker is insufficient, without more, to satisfy statutory definition of “neglected child,” and (2) emotional injury from witnessing domestic violence can rise to level that justifies removal of child, but witnessing does not, by itself, give rise to any presumption of injury." Since that time, Courts have ruled on the impact of the decision on both victims and perpetrators of domestic violence and the nature and quantum of evidence required to show negative impact on the child. The hope is that the presentation will generate lively discussion of best practices in these cases.
Evaluations
PowerPoint
Wednesday, July 17, 2024
9:00am — 11:00am
Meeting with State Agency Counsel
LDSS attorneys are invited to meet with OCFS (9:00-10:15) and OTDA (10:00-11:00) counsel to discuss questions related to their respective areas of practice as well as those where clarification from the State agencies are needed.
Questions