A few of my friends now have grandchildren. My wife and I have a 3-year-old foster child.
She is in addition to three children of our own, two of them teenagers. We’re exhausted. All the time.
Our foster daughter (I’ll call her “Rose”) has been with us a year and a half. We’d love for Rose to be with us forever. Well, not forever. We’d like her to go to college some day.
But right now, she remains our foster daughter. While the case plays out in the court system.
In the past year and a half, my wife and I have been to court three times. The reason is to assess whether Rose’s mom has made any progress.
Has she taken enough steps in the previous six months to get her children back?
The family story is classic (and tragic) – and too sordid to detail here.
At least iron your shirt
For the last hearing, our foster care agency prepared a 25-page brief with DCFS (Department of Child and Family Services), which recommended a change in goal: from “return home” to “permanency.”
That was bad for the mom (and good for us). If the judge approved the change in goal, the case would move towards termination of the mother’s rights.
My sense is that only the mom’s attorney, the public defender, read the brief before walking into the courtroom. Most everyone else seemed to wing it. Or skimmed the brief while waiting for the hearing to start.
Rose’s “guardian ad litem” – the attorney assigned to Rose by the state to act on her behalf – looked as if he had just rolled in from an all-night bender.
Unshaven. Wrinkled shirt and suit. Hole in his suit pants. Rosy cheeks.
“You’re the foster parents of who?” he asked when we walked into the building. He asks the same question every time we see him.
He is a caricature of a lawyer in the social welfare system.
One bright light
My wife and I wished that the public defender for the mom had been Rose’s guardian ad litem.
The public defender had a strategy: He called our agency’s case worker to the stand. He tried to show that she was preventing the mother from success. He then put his client, the mom, on the stand, so she could testify to the agency’s wrongs against her.
Neither the state’s attorney or the guardian ad litem said much during the hearing. The guardian ad litem made a snide comment about the mom when the judge asked him if he wanted to cross-examine her. He said he didn’t, because the more she opened her mouth, the more he didn’t believe her.
It was a nice touch. As if the mom needed more humiliation.
Dignifying the moment
While I was annoyed with the argument of the public defender during the hearing, I admired that he just didn’t show up. He certainly could have. I suppose you could argue, cynically, it is in his best interest to prolong the case. But at least he was on point.
I can’t remember who said that 80 or 90 percent of life is just showing up. Probably Yogi Berra.
There is something wonderfully ennobling, though, about preparation, even if it is for a losing cause. Even if your client isn’t paying the bill. Even if you graduated at the bottom of your law class.
It’s always a bit tempting to rest on experience. To wing it. But every meeting or opportunity demands at least a modicum of forethought. Perhaps that’s the only real difference between the top of the class and the bottom.
In spite of Rose’s guardian, the judge changed the goal to permanency.

