Last week, Proskauer obtained a critical victory for our client—a grandmother acting as guardian for her two learning-disabled grandchildren—in an appeal to the Appellate Division, First Department.  The appeal challenged a lower court holding that an amendment to New York’s Kinship Guardianship Assistance Program (“KinGAP”) did not apply retroactively to beneficiaries, such as our client’s grandchildren, who entered the program before the amendment took effect.

KinGAP, established in 2011, enables foster-care children for whom returning home or adoption are not available options, to achieve a permanent placement with a guardian relative.  To subsidize the costs of caregiving for guardians of limited means such as our client, KinGAP provides monthly assistance payments pursuant to a statutorily prescribed form of agreement between the guardian and a local department of social services.

When our client entered into a KinGAP agreement in 2014, New York Social Services Law § 458-b(7)(a) made the duration of the subsidy dependent on whether the agreement was entered into before or after the child’s 16th birthday.  Continued assistance payments were available beyond the age of 18 only if the agreement commenced after the child was already 16 years of age.  Section 458-b(7)(a) thus drew a distinction between foster parents and adoptive parents on the one hand and guardians on the other because foster and adoptive children were entitled to assistance payments until they turned 21 notwithstanding their age at the time their subsidy agreements were commenced.

As a member of the professional services team, the non-legal side of the Firm, I have few reasons to ever enter a courthouse. Unlike my colleagues in our Litigation Department, my role at the Firm does not require me to observe hearings, converse with judges, or discuss the legal and administrative challenges that are pervasive in our court system. Yet, last week I found myself doing just that. Through a program called “Judge for a Day” organized by Legal Information for Families Today (LIFT), I had the unique opportunity to join the LIFT staff at the Kings County Family Court in downtown Brooklyn for a fully immersive court experience.

Erin Callan Montella was the CFO of Lehman Brothers in the months before it collapsed in 2008.  After leaving Wall Street, marrying and having a daughter, she wrote a memoir, Full Circle, about the balance between work and family.  She and her husband have created a foundation to help practice that philosophy and help new mothers achieve that balance in their own lives.

Under The Family and Medical Leave Act of 1993, new mothers are allowed a minimum of 12 weeks of unpaid maternity leave to care for and bond with their children, but many employers compensate their employees for only a small fraction of that time.  As a result, many low- and moderate-income mothers are forced to return to work early.

The fast pace of technological change has left the poor and unrepresented behind in many parts of America. But in New York State family courts, Proskauer lawyers are part of an exciting new pilot project spearheaded by the non-profit Legal Information for Families Today (LIFT) which connects people representing themselves in family court with pro bono attorneys over a virtual platform.

LIFT screens the litigants, arranges the virtual meetings, trains the volunteer lawyers, and has experienced staff attorneys available to answer questions and handle any technical issues. The volunteer lawyers don’t need to leave their desks to provide legal advice and information to litigants who can connect from home or any quiet place with a laptop or smart phone. These videoconference sessions address child support, custody, and visitation, and are limited in scope and duration. The representation ends at the end of the virtual session.