Courts must make a whole series of pivotal decisions concerning each child in foster care. Without a well functioning court system, children's safety is compromised, families are needlessly broken up, and children languish for years in foster care instead of permanent homes. Without well functioning courts, the goals of ASFA cannot be achieved. Judges cannot serve families and children effectively without competent and well-prepared attorneys. Attorneys largely control the flow of information to the judge.
Attorneys decide what witnesses, evidence, and arguments to present.
When attorneys are unaware of vital facts important to the children's safety and treatment, these facts may never be brought to the judge's attention. Without complete relevant information, judges' decisions may well be ill informed or even tragically mistaken. Effective agency attorneys are vital to the success of the Adoption and Safe Families Act. They must be able to troubleshoot and identify problems in advance, such as failure to locate key parties and relatives. They must help prepare findings for the judge that will move the case forward later.