Family Law Associate

FAMILY LAW ASSOCIATE

DISTINGUISHING FEATURES OF THE CLASS: This is a professional legal position involving responsibility for assisting in the preparation, filing, legal advisement, and prosecution of family court matters, including Articles 3,4,6, 7, 8 and 10, in Genesee County Family Court, Article 81 matters in Supreme Court, and representation of other county agencies upon request and recommendation of the County Attorney or Deputy County Attorney in the court of jurisdiction. The work involves conducting extensive research, preparing legal documents, and representing county agencies when needed. Work is performed in accordance with guidelines provided by law and under the direct supervision of a licensed attorney. Does related work as required.

TYPICAL WORK ACTIVITIES:

Assignment of cases in specialty areas, such as Abuse and Neglect, Family Offenses,
Child Support, Article 81 Guardianships, Juvenile Delinquent, and Person in Need of
Supervision matters;

Assignment to, and attendance at, meetings of special committees, such as Juvenile
Justice Planning Committee, Justice for Children Team meetings and Court
Improvement Project meetings;

Preparing training materials and presenting trainings for Law Enforcement on a variety
of topics;

Preparing training materials and presenting trainings for Genesee County Department
of Social Services Caseworkers;

Preparing cases, filing petitions, and representing the Genesee County Department of
Social Service in Abuse and Neglect cases in Genesee County Family Court,
including, but not limited to: reviewing CPS reports/investigations with the
caseworkers; making removal requests and conducting removal hearings; requesting
orders of protection; prosecuting cases in fact-findings, dispositional hearings, and
permanency hearings; and filing and prosecuting violation and modification petitions;

Preparing subpoenas, motions, and orders to show cause for documents and witnesses, preparing witnesses, and selecting exhibits;

Reviewing CPS investigations and representing CPS in Fair Hearings;

Assessing permanency for children in foster care and advising the Department of Social
Services in determining what appropriate action should be pursued, including
abandonment, permanent neglect, mental illness, intellectual disability, and then
filing petitions and representing the Department of Social Services to achieve said
grounds for termination;

Finalizing alternative permanency options for children in foster care, such as custody,
guardianship, independent living, or another appropriate person;

Appearing in Family Court, County Court, Supreme Court, or applicable local courts
when needed;

Reviewing discovery materials and evidence gathered during CPS investigations;

Being available to caseworkers afterhours to discuss cases under investigation to
determine whether a removal can/should be completed, what petitions can/should be
filed, further steps to be taken in child protective investigation, on-going court
ordered cases, supervision cases, and foster care placements;

Reviewing law enforcement reports and accusatory instruments upon receipt, to
determine if they are applicable to the child protective investigation;

Appearing in court on pretrial court dates, handling pretrial practice issues, such as
discovery, motions, orders to show cause, etc.;

Reviewing documentation and meeting with adult services caseworkers to assist with
Adult Protective Services (APS) issues and to determine whether an Article 81
can/should be filed;

Advising the Department of Social Services with respect to legal issues as they arise in
the various financial programs administered by the agency, including document
review and advocacy.

Reviewing juvenile and Persons in Need of Support (PINS) paperwork to determine if
the evidence is sufficient to file a requested juvenile delinquent or PINS petition;

Speaking to probation and law enforcement to discuss the sufficiency of the evidence in
order to file a juvenile and PINS petition. Also, review juvenile matters to determine
the correct jurisdiction for filing due to differing jurisdictions of family court and youth
part;

Reviewing child support petitions and meet with child support caseworkers to discuss
filings and prosecution of said matters;

Meeting with Genesee County Mental Health to gather information, completing filings,
and representing Genesee County Mental Health in obtaining an assisted outpatient
order (AOT);

Meeting with the Genesee County Sheriff’s Department to review the Temporary
Extreme Risk Protective Order (TERPO) information, and representing the Sheriff’s Department in obtaining an Extreme Risk Protective Order (ERPO);

Meeting with the Child Advocacy Center staff to respond to motions/orders to show
cause for their records;

Conducting plea negotiations with defense counsel and Attorneys for the Child;

Continuing contact with caseworkers on each case;

Preparing for and conducting trial litigation, and obtaining subsequent dispositional
orders;

Preparing for and conducting post-dispositional proceedings to include violations,
modifications, terminations and permanency alternatives;

Consulting with appellate counsel if any case, or part thereof, is appealed;

Responding to phone calls, email, and written correspondence;

Non-case specific administrative duties such as time sheets, filing, copying, etc.;

Attending meetings in County Attorney’s Office and/or with outside agencies regarding either specific cases or general functioning of the family court system;

Meeting with mental health, the Child Advocacy Center, or Sheriff’s Department
regarding specific cases requiring representation by the County Attorney’s Office;

Legal research as needed at any stage;

Continuing legal training/education;

Prioritizing and re-prioritizing management of individual caseloads in terms of utilization
of limited resources, most importantly how time is spent;

Assist the County Attorney and other Departments as assigned by the County Attorney.

FULL PERFORMANCE KNOWLEDGES, SKILLS, ABILITIES, AND/OR PERSONAL CHARACTERISTICS: Good knowledge of the principles and practices of applicable field of law; good knowledge of court procedures and the rules of evidence; good knowledge of legal documents and procedure; skill in performing accurate legal research, preparation of other legal documents; ability to analyze, appraise and legal principles, facts and precedents to legal problems; ability to communicate effectively, both orally and in writing; physical condition commensurate with the demands of the position.

The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

While performing the duties of this job, the employee is frequently required to stand, sit, use hands to finger, handle, or feel objects, tools, or controls, and reach with hands arms. The employee is required to talk, walk, and hear. The employee must

occasionally lift and/or move up to 10 pounds. Specific vision abilities required by this job include close vision, distance vision, and the ability to adjust focus and process information.

The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job.

Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate to low.

MINIMUM QUALIFICATIONS: Graduation from an accredited law school AND eligible for admission to the New York State Bar AND eligible for license to practice as an attorney in the State of New York (subject to taking the New York State Bar Exam; subject to passing the New York State Bar Exam already taken; or waiting admission on waiver).

SPECIAL REQUIREMENT FOR APPOINTMENT AND CONTINUED EMPLOYMENT:

License and admission to practice in New York State must be obtained within two years of hiring. Once individual is admitted and licensed to practice law in New York State, the individual would be promoted to an Assistant County Attorney.

Possession of a valid NYS driver’s license.

NOTE: Upon approval of the Appellate Division, Forth Judicial Department, may perform some of the functions of an Assistant County Attorney by arguing motions and trying matters in family court, supreme court and support magistrate, participating in calendar practice and preparing appeals pursuant to Section 478 and 484 of New York Judiciary Law.

NOTE: Your degree must have been awarded by a college or university accredited by a regional, national, or specialized agency recognized as an accrediting agency by the U.S. Department of Education/U.S. Secretary of Education. If your degree was awarded by an educational institution outside the United States and its territories, you must provide independent verification of equivalency. A list of acceptable companies who provide this service can be found on the internet at http://www.cs.ny.gov/jobseeker/degrees.cfm. You must pay the required evaluation fee.

All qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

Competitive Class

Pay: $65,345.00 - $82,660.00 per year

Benefits:

• Dental insurance
• Flexible spending account
• Health insurance
• Paid time off
• Parental leave
• Retirement plan
• Vision insurance

Work Location: In person