By Paul McVicker
The Kinship Care Solutions Project (KCSP) reopened in July 2022 under Washington’s Uniform Guardianship Act. In addition to screening clients for services, we train and mentor volunteers to represent Petitioners in King County Minor Guardianship cases. We also provide clinical services for clients. Some of KCSP’s cases involve children for whom we seek a Special Juvenile Immigrant Classification (SIJC) to aid them in immigration matters. Most of those cases are referred to us by Northwest Immigrant’s Rights Project, Kids in Need of Defense or other such nonprofits. Many of our clients are referred by the LAARK Team (Legal Advice and Referral for Kinship Care)—see the December Bar Bulletin article on LAARK.
One case referred by LAARK was well underway when it reached our doorway. Our clients filed the case pro se at the suggestion of Child Protective Services (CPS) and the trial was set 7 weeks away. The maternal grandmother of a 2-year boy, who was born addicted, and her husband were seeking full guardianship. The child was weaned off drugs by the clients and spent considerable time in their care until CPS intervention prior to our client’s filing for guardianship. The mom had a long history of drug dependency and was in and out of treatment. There was also substantial evidence that the dad had a long history of drug use and that both parents had neglected medical care. Prior to our accepting the case, the dad had been arrested on charges relating to unlawful possession and violation of the uniform substances control act. At some point he escaped from jail but at referral time, was living with the mom and awaiting sentencing. Both parents contested the minor guardianship and had court appointed attorneys.
KCSP began providing in-clinic services, with the help of our Seattle University extern, Jacob Simmons, including preparation and filing of required documents, while searching for a volunteer. It can usually take some time to pair a client with an attorney, but one of our star volunteers, Caroline Davis, who has taken more contested cases than any other volunteer, had just recently finished a case and answered our call. After obtaining a continuance, Caroline, with her skillful lawyering, brought the case to a successful conclusion through settlement on the day of trial, with limited supervised visitation and evaluation requirements for the parents.
We prioritize contested matters, matters where the clients are unable to navigate on their own, and SIJC cases because of the immigration component for the minor. Many of these minors have escaped horrendous circumstances, and we work collaboratively with the immigration attorneys. Several cases expected to be uncontested have turned out otherwise. We have on more than one occasion obtained a writ of habeas corpus and a return of the child in conjunction with a motion for an immediate order when a parent abducted the child from our client/caretaker. We have found that most of our contested cases settle prior to trial. Some uncontested matters are handled in a clinical style, with program staff or a volunteer assisting with document preparation, filings, and giving advice.
Those interested in the work of KCSP are welcome to attend our monthly virtual volunteer hour on the third Friday at 3pm. Contact Paul McVicker, paulm@kcba.org for information.
Paul McVicker is the KCSP Program Manager and can be reached at paulm@kcba.org.
