Parents Representation Program Policies

Vacation and Periodic Unavailability of the Contractor

It is anticipated that there will be times that a contractor is unavailable for court or to serve clients in compliance with program standards due to illness, family emergencies, periodic vacations, or other similar reasons. It is always the responsibility of the contractor to provide coverage for times when the contractor is unavailable for court or other times when the unavailability infringes upon the contractor’s ability to comply with program standards.

Extraordinary Compensation Request Procedure

In extraordinary cases, an OPD Parents Representation Program contractor may petition OPD for additional compensation reflecting extraordinary case-related work required beyond the usual, anticipated legal services. Factors which may entitle an attorney to extraordinary compensation include:

  • Cases creating an unusual financial hardship on the attorney beyond the expected cost and/or requirements of representation, due to case and/or client needs and/or working collaboratively with stakeholders.
  • The attorney's actual, open, active caseload was high as compared to the contract caseload, which has resulted in significant additional work hours.
  • Contested fact findings (Dependency, Guardianship or TPR) and shelter care or review hearings requiring more than three full court days.

At attorney seeking additional compensation must submit a declaration describing how the claimed hours relate to one or more of the above-listed categories, as well as the number of extraordinary hours spent by the attorney, and attach any relevant documentation available (client names and/or identifying information must be redacted). The attorney's declaration must be signed under penalty of perjury.

This extraordinary compensation procedure does not create an entitlement nor constitute an amendment to the current contract between OPD and a Parents Representation Program contractor. Extraordinary compensation is dependent upon availability of OPD funds.