PARENTING PLANS: Complex Parenting Plan Issues

PARENTING PLANS:
Complex Parenting Plan Issues
March 24, 2015
Chapter 2
9:45-10:30am
Managing Criminal and CPS Investigations and Issues
Erin Newton, Skellenger Bender P.S.
Linda Lillevik, Carey & Lillevik PLLC
PowerPoint distributed at the program and also available for download in electronic format:
1. Managing Criminal Investigations and Issues.
2. Dependency and CPS in Family Law Cases
3/20/2015
Managing Criminal
Investigations and Issues
ERIN CURTIS NEWTON, SKELLENGER BENDER, P.S.
Overview of a Criminal Investigation
Alleged crime
reported to
law
enforcement.
Law
enforcement
investigates
and decides
whether to
refer the case
to the
prosecutor.
Prosecutor
reviews law
enforcement’s
investigation,
and decides
whether and
how to charge
the suspect.
Charges are
filed against
suspect in
court.
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3/20/2015
Overview of a Criminal Investigation
Alleged crime
reported to
law
enforcement.
Law
enforcement
investigates
and decides
whether to
refer the case
to the
prosecutor.
Prosecutor
reviews law
enforcement’s
investigation,
and decides
whether and
how to charge
the suspect.
Charges are
filed against
suspect in
court.
Your client should not talk to anyone
about the allegations.
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3/20/2015
Your client should not talk to anyone
about the allegations.





Your client should not talk to law enforcement.
Your client should not make any written or oral
statements.
Your client should not talk to friends or family about the
allegations.
Your client should not take a polygraph.
Your client should not talk about the allegations on
phone calls from jail.
Pay attention to your communications
with opposing counsel.

Make sure that your communications do not include
any admissions that might harm your client in a criminal
case.

Consider whether what you are saying:
 Is
an admission of a violation of a no-contact order.
 Is
an admission of domestic violence allegations.
 Is
an admission of any other criminal activity.
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Determine the status of the
investigation.
Determine the status of the
investigation.


Ask the detective:

When do you expect to complete your investigation?

What do you have left to do?

Do you anticipate referring this to the prosecuting
attorney?

Will you be making a charging recommendation?
Politely explain that your client will not be giving any
statements, and that any further inquiries can be made
through you.
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3/20/2015
Contact the prosecuting attorney (if
the case has been referred).
Contact the prosecuting attorney (if
the case has been referred).
 Ask
the prosecutor when he or she
anticipates making a filing decision.
 Tell
him or her that you would appreciate
the opportunity to provide more
information before a filing decision is
made.
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3/20/2015
Do your own investigation.
Determine whether
the prosecutor’s
office has any
special
considerations in
your kind of case.
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Gather evidence from your client.





Immediately take photographs of any bruising or other
injuries that your client has.
Ask your client to provide you with copies of any and all
relevant photographs, emails, Facebook posts, etc. that he
or she has collected.
Interview your client about his or her history with the alleged
victim.
Ask your client for a release to get information from his or her
treatment providers.
Ask your client who else you should talk to.
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Interview witnesses.

Not limited to witnesses who were present at the incident in
question—friends and family members may have important
and relevant background information.

Decide whether or not to record interviews:

Recorded interviews may need to be turned over to
prosecutor pursuant to criminal discovery rules.

Interview summaries written by investigator are generally
protected by attorney work-product privilege.
Present your investigation to the
prosecutor.

Keep in mind that what the prosecutor knows about your case so
far likely does not go beyond what is in the police reports.

Write a letter to the prosecutor, including your interview summaries,
transcripts, and other evidence as exhibits.


Indicate on the letter that it is confidential and is being
provided pursuant to ER 410 (“Inadmissibility of Pleas, Offers of
Pleas, and Related Statements”).
Make it easy for him or her to read: provide a physical copy, with
tabbed exhibits.
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3/20/2015
Erin Curtis Newton
CRIMINAL DEFENSE
WHITE COLLAR CRIMINAL DEFENSE
GENERAL LITIGATION
1301 Fifth Ave., Suite 3401 | Seattle, WA 98101
PHONE 206.623.6501 | DIRECT 206.387.4709 | FAX 206.447.1973
[email protected] | www.skellengerbender.com
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3/19/2015
DEPENDENCY AND CPS ISSUES
IN
FAMILY LAW CASES
Linda Lillevik
Carey & Lillevik, PLLC
Criminal
Dependency
Administrative
1. GENERAL ADVICE
If you have the accused:
GET THEM
ATTORNEYS
1) CPS
2) CRIMINAL
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If you are accused, you are
assumed guilty by CPS. Do
NOT trust
the system.
If you have the accused:
KEEP THEIR
MOUTH SHUT
If you have the innocent spouse:
1) Get proof
- Doctor
- Therapist
- Other mandated reporter
- Take pictures of injury
2) Don’t use as a sword.
- Abusive use of conflict – see
In re Marriage of Burrill.
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2. INVESTIGATION
A. Joint Interview
B. FTDM (Family Team
Decision Meeting)
C. Innocent Spouse Can Lose
Child
D. Placement with Family can
be prevented
- RCW 13.34.065(5)(f)
3. ANATOMY OF A
DEPENDENCY CASE
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A. DEFINITION OF A DEPENDENCY
1. Abandonment
2. Abuse or Neglect – RCW 26.44.020
3. No parent, guardian or custodian capable of
providing adequate care
4. Receiving extended foster care services under RCW
74.13.031
B. Shelter Care Status
-Temporary physical care
C. Dependency Finding
C. Staying the Process
- Civil action can, and often should,
be stayed pending the outcome of
the criminal proceedings.
4. HOW THE FAMILY
LAW ATTORNEY CAN
USE THE DEPENDENCY
PROCESS
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A. Discovery
-Get the police report(s) before a
charge is filed
B. Interview of the child
C. Immunity for Evaluations
-RCW 26.44.053
5. CHILDHOOD
MALTREATMENT MAY
AFFECT BRAIN
DEVELOPMENT
A. The effect on memory
B. Separation from parent to whom
attached
6. WENATCHEE CASES
FOR THE YOUNG
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7. ADMINISTRATIVE CASES
A. As bad or worse for a parent,
nurse or teacher, etc.
B. Tell the client to “appeal, appeal,
appeal.”
C. Costanich v. DSHS
D.
Caseworker’s Facebook
- “Profession: Baby snatcher”
- “I need to make money so I’m
going to pick up some meth
babies.”
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