Today’s column is brought to you courtesy of a great webinar the National Association of Counsel for Children held this week, updating the field on 2021 developments. One of the most interesting parts dealt with nationwide advances in legal representation for children. (The webinar was recorded and should be available here soon).
According to a 2021 study in Washington State, providing children with high-quality, client-directed legal representation in child welfare court cases produces better outcomes for those children: a 45% greater chance of reunification, a 30% reduction in placement moves, and a 65% improvement in school stability. And it makes financial sense, as well — the study found $1.2 million in cost savings in those cases vs. situations in which children were not represented.
Fortunately, the federal government is now making it easier for states to provide legal representation for children and parents. In late 2018, when Jerry Milner and David Kelley were leading the federal Children’s Bureau, they pushed through a major change that now allows states to claim IV-E reimbursement for child and parent attorneys. Most states are now pulling down those funds or are in the process of creating mechanisms to do so.
More and more, state legislatures are seeing the wisdom of requiring courts to appoint attorneys for children in dependency proceedings. In 2021, according to the NACC, four states bolstered their processes:
Washington State adopted laws requiring client-directed attorneys for children 8 and over in dependency proceedings; younger children continue to have legal representation post-TPR.
Colorado created additional programs and protections for youth over the age of 18 in extended foster care. Part of that law requires that courts appoint client-directed attorneys for these young adults. There’s currently a movement to provide client-directed attorneys for children under 18, as well.
Arizona’s legislature also enacted provisions requiring appointment of client-directed attorneys to children.
North Dakota now requires client directed counsel “if the child is of sufficient age and capacity to direct” the attorney.
In 2022, according to the NACC’s Allison Green, we can expect more advances in this area in Indiana and Florida as well. There could be a significant federal change, as well: In Congress, S. 1927 would amend the provisions of the Child Abuse Prevention and Treatment Act to require appointment of attorneys for children as opposed to its current requirement of a guardian ad litem.
In other news:
In Tennessee, the juvenile court judge whose arrest and detention of children for acts that weren’t delinquent is retiring.
More on Harmony Montgomery here and here. In the latter article, NH Governor Sununu blasted an unnamed juvenile court judge in Massachusetts for placing the child across state lines with her father. Without the records, it’s hard to say where and how the system failed.
In the Tampa Bay, Florida area, the Department of Children and Families itself took over removals of children to foster care after problems with its lead agency there. With the agency doing its own work, removals have been cut in half.
West Virginia is facing a dearth of child protective services workers.
Internationally, a consortium of child protection organizations have released an interesting position paper highlighting the necessity of family reunification
A county in Ohio is introducing a system of tiered therapeutic foster homes. We need those everywhere.
Hope you enjoyed your short week!