DSS Staff Attorney

This position performs professional legal work for the Pender County Department of Social Services. Work is performed independently in a number of areas of the law of significant scope and complexity, including federal and state child welfare law as contained in North Carolina General Statute Chapter 7B; the law regarding establishing and collecting child support as contained in North Carolina General Statute Chapter 50 Article 1 and Chapter 110 Article 9, Title 42 of the United States Code, Sections 651-660, and the North Carolina Child Support Guidelines; the law affecting incompetent persons and guardianship as contained in North Carolina General Statue Chapter 35A; the North Carolina Rules of Appellate Procedure; and personnel law. The work involves preparing cases associated with the Department of Social Services for trial, including performing research, interviewing, and presenting these cases in court; drafting court orders; preparing legal documents; participating in required pretrial conferences; assisting staff in developing protocols and procedures; consultation and training to Social Services staff; and providing legal advice and consultation to the Director of Social Services and Health and Human Services Director. This position performs related work as directed by the Director, including providing legal counsel regarding Program Integrity/Fraud related issues. 

• Provides legal representation and advocacy to child welfare social workers including trials for non-secure custody, adjudication, disposition, and review, permanency planning review, post-TPR review and show cause hearings.
• Provides legal representation and advocacy to child support agents including trials for the establishment of child support and/or medical support orders (including registration of foreign support orders); modification hearings; show cause hearings, license revocation proceedings, and other enforcement measures authorized by North Carolina General Statute Chapters 50 and 110.
• Provides legal representation and advocacy to adult services social workers including petitions for guardianship, petitions for the provision of adult protective services and supplemental guardianship procedures including rendering estate accountings and providing for judicial sales of assets for the benefit of estates.
• Provides legal representation and advocacy in all appellate matters before the North Carolina Court of Appeals, the North Carolina Supreme Court, and the Office of Administrative Hearings including drafting notices of appeal, motions, legal briefs, and writs; compiling records on appeal; and giving oral argument as needed before appellate tribunals.
• Negotiates with opposing parties in court.
• Regularly staffs and reviews child welfare files for the purpose of advising the agency with regard to the availability of court intervention in child welfare cases.
• Drafts legal instruments and reviews those legal instruments prepared under legal supervision.
• Conducts legal research and investigations to obtain facts and obtains legal precedents.
• Prepares legal opinions for the benefit of agency including opinions concerning property, wills, estates and trusts as they concern eligibility for various programs such as Medicaid, and Food Assistance.
• Assists the Director in evaluating the legal requirements of employment related statutes as they relate to agency personnel matters.
• Serves as the primary resource with regard to federal and state statutory confidentiality requirements to the agency.
• Continually stays abreast of the latest changes to the North Carolina General Statutes and the United States Code as they affect areas of concern to the agency by research and writing, attending and/or teaching continuing legal education seminars, and providing legal training to agency staff.
• Maintains familiarity with United States treaties and protocols as they relate to the treatment and disposition of foreign nationals (including members of federally recognized Indian tribes) in child welfare cases.
• Responsible for assisting adult services social workers in administering the agency Unclaimed Body Protocol.
• Perform other related work as required.

Considerable knowledge of case, statutory, regulatory, and common law. Considerable knowledge of judicial and quasi-judicial procedures and the rules of evidence. Ability to conduct civil or criminal litigation. Ability to interpret and apply constitutional provisions, statutes, administrative regulations, court decisions, and other precedents. Ability to analyze facts, evidence, and legal instruments. Ability to express conclusions and arguments clearly and logically in oral and written form. Ability to maintain effective working relationships. 

Through knowledge of the rules of civil procedure and evidence; knowledge and ability in trial and appellate advocacy; knowledge and specialization in the substantive state and federal law in the subject areas of DSS agency representation and an understanding of legal jurisprudence and theory which informs the same; skill in legal drafting and particular knowledge of the requirements of juvenile court and child support orders; skills in time management; skills in negotiation; skills in crisis management and abatement; significant interpersonal skills; thorough knowledge of technologies necessary for carrying out essential job functions; thorough knowledge of legal research techniques and tools; general understanding of poverty as it affects dependent populations; the developmental psychology of children; the mechanics and causal agents of non-accidental child injury; as well as psychological testing, paternity testing and drug testing. 

Must have graduated from an accredited school of law and licensed to practice in the State of North Carolina and one year of professional legal experience; or an equivalent combination of training and experience.

Must keep maintenance of the requirements imposed by the North Carolina State Bar for continuing legal education.

Must have license to practice law in the State of North Carolina.

Position must be able to perform the physical life functions of seeing, walking, talking, hearing, fingering/typing, and repetitive motions, as well as sedentary work exerting up to 10 pounds of force occasionally and/or a negligible amount of force frequently or constantly to move objects. Position must possess visual acuity to prepare and analyze data and figures for extensive reading of materials and to complete forms and generate correspondence.