The working group believes that legal representation is an essential component of due process and can protect families from a potentially overreaching bureaucracy.

An important premise underlying the Act is that an attorney should be appointed for every child who is the subject of an abuse or neglect proceeding.

Because fundamental rights of the child – as well as the parents – are at stake in these proceedings, best practice calls for the appointment of an attorney who will advocate the child’s position from the very beginning of the case.

High-quality legal representation, including pre-petition legal representation, is one of the most effective ways to ensure the rights of parents and children are protected and limit deeper child welfare involvement or a child’s entrance into foster care.

Congress shall fund and state and Tribal governments shall improve the advocacy resources available to Native children and youth by appointing advocates, which shall be a guardian ad litem (GAL) and a separate attorney for every American Indian, Alaska Native, and Native Hawaiian child involved in a state or Tribal welfare system.

Every child should have legal representation, whether provided by an attorney or guardian ad litem.

This act recognizes the right of every child to have quality legal representation and a voice in any abuse, neglect, dependency, or termination of parental rights proceeding, regardless of developmental level.

To ensure youth in foster care do not suffer more abuse after being removed from their families and placed into care, Congress must provide every child in foster care with access to legal representation by an attorney.  

Child welfare proceedings are extremely complex and children, parents, and caregivers often experience it as coercive or harmful. Providing legal representation throughout this process is a moral imperative […]

Young people should have access to high quality legal representation