Assistant County Attorney- DSS Attorney I

Job Description

Responsible for providing full time legal representation for the Department of Social Services and its staff, including advising, consulting, training, researching, drafting legal documents and briefs, and providing court and appellate advocacy. Provides legal services at the direction of the Attorney II and Agency Director for the Department of Social Services and the Board of Social Services. This attorney will be available for such other duties within DSS as may be assigned by the Attorney II or Agency Director.

Distinguishing Features of the Class

Work is performed in areas of the law of significant scope and complexity including : federal and state child welfare law; law regarding establishing and collecting child support; law affecting incompetent persons; and personnel law, including the rules and regulations contained within the North Carolina State Personnel Act. This position regularly participates in courtroom litigation and appellate advocacy.

Illustrative Examples of Work

• Supports Attorney II in providing legal representation and advocacy to child welfare social workers including staffing cases for potential legal action, drafting petitions, and preparing witnesses for trial.
• Litigates the following hearings : non-secure, adjudication, disposition, review, permanency planning, post termination of parental rights, and termination of parental rights.
• Represents the Department in all aspects of hearings by presenting evidence, calling witnesses, and cross-examining witnesses.
• Provides legal representation and advocacy to child support agents. This includes 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 NC General Statute.
• 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.
• Supports the Attorney II in providing legal representation and advocacy in appellate matters before the NC Court of Appeals, the 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.
• Drafts legal instruments and reviews those legal instruments prepared under legal supervision.
• Negotiates with opposing parties in court.
• Assists DSS staff and other witnesses in trial preparation.
• Responds to subpoenas and other requests for Department records.
• Supports Attorney II as a resource for the Director in evaluating legal requirements imposed by the State Personnel Act as well as other employment statutes as they relate to agency personnel matters
• Supports the Attorney II as a resource regarding federal and state statutory confidentiality requirement so the agency.
• Provides training to staff on topics relevant to delivery of services by Department, including child welfare, adult protective services, and child support staff.
• Conducts legal research and investigations to obtain facts and obtain legal precedents
• 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.
• Makes appearances in civil and criminal courts in matters related to Department business.
• Provides interpretation of laws and rendering of opinions at the request of the Director and / or Board and directs the Department on legal procedure, policies and regulations.
• Provides legal interpretation, advice, and guidance to the Board, Director and staff in relation to actions, questions of potential liability, and other administrative areas.
• Interprets relevant law, analyzes legal situations, and makes recommendations orally or in written from to insure proper interpretation and application of current law.
• Resolves legal problems of unusual importance and complexity on a continuous basis.
• Plans, directs, and advises the agency in carrying out the regulatory legal activities of the Department.
• Adheres to state, federal, county and department's policy, rules, and regulations.
• Mandatory emergency shelter duty should the need arise.
• Other duties as assigned.

Recruitment and Selection Guidelines

Knowledge, Skills and Abilities

Physical Requirements

Education and Experience

The agency would prefer

Licenses and Certifications