The first half of the year was filled with activity for the Counsel for Kids campaign. The campaign supported policy reform in several states, released new and timely resources, as well as participated in multiple engagements to raise awareness about why children in court need lawyers of their own.
New Federal Title IV-E Foster Care Legal Representation Rule
On May 10, the Administration for Children and Families (ACF) published a final rule (89 FR 404) on Foster Care Legal Representation. The new rule codifies and expands current policy allowing state Title IV-E agencies to claim federal matching funds for the administrative costs of: independent legal representation of a child, parent, kinship caregiver, Indian child’s custodian, and Indian child’s tribe within a dependency matter; it also permits states to access these funds for civil legal services designed to achieve the case plan goals of a child in foster care or who is a candidate for foster care. The rule clarifies that “independent legal representation” is representation not subject to control or influence by other parties, interested persons, or the Title IV–E agency.
The expanded funding for the representation of Indian custodians and tribes, relative caregivers, and in other civil legal proceedings is a welcome influx of resources that will help improve outcomes for children and families and help avoid unnecessary placements in foster care. These changes will be effective July 9.
State Legislative Updates
In New Hampshire, the House passed the retained HB 535 (2023) with amendments. Next, both chambers passed companion Senate Bill 463 that must be enrolled before moving to the Governor’s desk for signature. As amended, the bill would guarantee the right to client-directed legal counsel for youth in group homes or institutional placements, when an attorney is available. If an attorney is not available, the case may only proceed after a diligent search for an attorney is conducted. To lessen fiscal impact and provide time to increase the available workforce, the bill would be phased-in between July 2025 and 2026. NACC submitted online testimony in support of amended SB 463.
In Indiana, House Bill 1056 (2024) would entitle qualified children age 14 and older subject to Children in Need of Services cases to legal counsel. HB 1056 was not scheduled for a committee hearing this session likely because 2024 is the second year of a biennium where additional appropriations are unlikely. Notwithstanding, the groundwork laid through strategic education of bipartisan policymakers this session will provide a strong foundation for a renewed legislative effort in 2025.
Iowa, Kansas, and Missouri considered bills to change their model of child representation from best-interest to client-directed. In Iowa, the C4K campaign supported HF 2580 with a letter of support and presented to stakeholder groups on the role of client-directed legal representation in the administration of justice. On February 8, National Advisory Council on Children’s Legal Representation Member Kayla Powell testified in the judiciary subcommittee hearing to support the proposal. In Kansas, the campaign provided a letter of support for HB 2381 which ultimately died in committee. The C4K campaign tracked Missouri HB 801 which stalled prior to the end of the legislative session.
In Florida, there was another close call with bills to reduce legal representation for children, which fortunately failed to pass. The Statewide Guardian ad Litem Office (SGALO) put forward legislation in 2024 (as it had in 2023) that would eliminate the statutory right to counsel guaranteed to a small group of eligible youth. Just as in 2023, the C4K campaign – with Florida partner organization, Foster Fairness, and various civil legal aid service providers – successfully opposed the legislation and helped maintain the existing (albeit limited) right to counsel. Significant lobbying efforts by the Florida SGALO hinder expansion of the right to counsel.
Federal Advocacy Update
The Counsel for Kids Campaign has continued to advocate for reform at the federal level. A statement of record was submitted following a recent Senate Finance Hearing, highlighting the necessity of legal counsel for youth within the Family First “QRTP” process. C4K also submitted letters to the House Ways and Means Committee in October 2023, December 2023, and January 2024 and to other pertinent Congressional Committees and Caucus leadership in September 2023.
Youth Service Opportunity
In October 2023, NACC invited applications for a Counsel for Kids Service Opportunity for lived experience experts to serve as campaign consultants in target states. In January, the campaign was pleased to welcome Hope Coudayre of South Carolina and Julia Stumler of Indiana. In February and March, these consultants received onboarding and preliminary training to continue coalition-building work in their respective states. Centering the voices of lived experience in policy reform is vital to the C4K campaign. Due to limited resources, some state allies are not able to compensate youth for their advocacy time. The consultancy role funded by NACC allows these experts to develop and deploy their own strategic outreach agenda to educate stakeholders and policymakers about youth right to counsel. The role of the consultants will be critical to advancing policy change in Indiana and South Carolina in future sessions.
Tip Sheets
To help policymakers understand the impact counsel for kids has on collateral legal proceedings, the campaign published three tip sheets in 2024 to gear up for 2025 legislative sessions. These tip sheets address how counsel for kids advances the rights of youth involved in immigration law proceedings, education law proceedings, and for youth dually involved in juvenile legal and child protection court proceedings. These tip sheets will be an asset to state advocacy work where it is necessary to show how valuable counsel are even beyond their own child protection court cases, and to appeal to legislators who have specific interests in these topical areas.
Webinars
In October, NACC Communications Manager Evan Molinari developed and presented the Counsel for Kids webinar, “Communications on a Budget.” The recorded webinar outlines free and affordable tools state-level advocates can use to present and deliver the right to counsel message. Often, a lack of time and financial resources can pose a barrier for local advocates. This webinar summarizes and recommends options and provides technical guidance, maximizing the communications reach and limited resources of state-level advocates. NACC will share the recording of this webinar with new coalitions receiving technical assistance as appropriate.
Last year, NACC identified the difference between CASA/GAL volunteers and attorneys for kids as a potential point of confusion or friction. In November, to address this issue and provide education about the complementary roles of CASAs and attorneys, the campaign convened the webinar: “A Dynamic Duo: Leveraging the Power of Children’s Attorneys and CASA/GAL Volunteers to Advance Children’s Legal Rights and Interests.” Featuring four experts from different corners of the field, the webinar emphasizes the vital role of lawyers for kids.
Finally, in March, NACC CEO Kim Dvorchak briefed the Legal Services Funders Network. In the webinar “The ABC & G’s of Representing Youth,” Kim lent her policy and child welfare law expertise to this panel, describing the need to ensure the right to counsel, develop legal services delivery systems for youth, and encourage funders to provide resources. The invitation was extended by the Executive Director of the Bigglesworth Family Foundation (a C4K funder) to help generate more funder interest and investment in counsel for kids.
Counsel for Kids In the News and Online
In October, the Imprint News Podcast interviewed Policy Counsel Natalece Washington to discuss the Counsel for Kids campaign, the national landscape of the right to counsel, and the barriers facing efforts to expand youth right to counsel.
In February, the campaign successfully placed this Letter to the Editor written by Montana state coordinator, Chase Rosario, correcting false assumptions about the state’s new Counsel for Kids legislation.
The Imprint quoted NACC Legal Director Allison Green in its coverage of the new federal rule on funding for legal representation. “This finalized rule is another affirmation of the importance of high-quality legal representation,” said Green.
May was National Foster Care Month and included Law Day and the anniversary of the Gault ruling, which guaranteed youth counsel in the juvenile legal system. The Counsel for Kids campaign marked these anniversaries by elevating the important intersection between access to justice and foster care, and calling attention to the unfortunate reality that 13 states still do not guarantee attorneys for young people navigating the child welfare system. Read the City of Philadelphia’s excellent piece on the need to expand counsel for kids.
Spreading the Word
The Counsel for Kids campaign continuously seeks opportunities to share its message on the value of high-quality legal representation for children in dependency proceedings.
In October, South Carolina Youth Engagement Advocates invited Policy Counsel Natalece Washington to join a youth meeting to discuss how attorneys for youth amplify youth voice and protect their legal rights, and how South Carolina law and practice departs from nationally recognized best practice.
Policy Counsel Natalece Washington presented “Children’s Attorneys Make a Difference” to the South Carolina Bar Conference (January) and the Bench and Bar Committee (February) convened by the state Court Improvement Program on the value of counsel for kids, the Title IV-E funds available, and the distinction between guardians ad litem and children’s attorneys.
In February, Policy Counsel Natalece Washington traveled to Chicago to hold in-person meetings to discuss counsel for kids campaign priorities with stakeholders from the judiciary, Court Improvement Program, Illinois CASA, Office of the Public Guardian, and Northwestern and Loyola Law Schools.
In April, Policy Counsel Natalece Washington gave a keynote address “A Seat at the Table: Enhancing Youth Participation in Court” at the Maine Judicial Branch Conference.
The Campaign provided Counsel for Kids talking points to judicial participants of the National Council for Juvenile and Family Court Judges March fly-in at the U.S. Capitol.
In March, Policy Counsel Natalece Washington presented “Seen, Heard, and Represented: Zealous Advocacy for Youth in Foster Case” at the Rise, Resist, and Represent conference of the National Association of Public Defense.
In March, Policy Counsel Natalece Washington co-presented with Jey Rajamaran of the American Bar Association Center on Children and the Law “Utilizing Title IV-E Funding to Support High-Quality Legal Representation and Promote Child and Family Wellbeing” to the North Dakota Juvenile Justice Committee of the Legislative Counsel.
In May, Policy Counsel Natalece Washington co-presented “Counsel for Youth Involved in CHINS Cases: National Landscape, Researched Impact, & Funding Opportunities” with Rachel Vilensky and Andrea Marsh of the Child Advocates, Inc to the Indiana Public Defenders Council.
Apply for Technical Assistance in Your State
The Counsel for Kids Campaign is currently accepting applications from individuals and organizations in target states seeking to expand access to counsel for youth in dependency court proceedings. Apply for technical assistance and learn how Counsel for Kids and the National Association of Counsel for Children can support your advocacy. Children in court need lawyers of their own – help us make sure they have them.