In 13 states, the person at the center of a child welfare case is also the one person who doesn’t get their own lawyer.
When the state accuses a parent of child abuse or neglect, a judge determines what happens next:
Where the child will live
Where the child will go to school
What contact they will have with family
Why do kids need attorneys of their own?
When the government removes a child from their home, attorneys make sure they are accountable
Attorneys help children and youth understand their options
Attorneys conduct investigations
Attorneys navigate the complex court system with and for the child or youth
Attorneys advocate for family time and kinship placements
Attorneys pursue well-being priorities on behalf of the child or youth
How does research support counsel for kids?
Children represented by legal counsel received more personalized case plans and achieved higher rates of permanency, without a decrease in reunification rates.
A six-year randomized control trial discovered that children represented by specially trained attorneys were 40% more likely to achieve permanency within six months.
The study found a positive correlation between attorney representation and improved school stability, placement stability, and reunification rates.
More resources on the impact of high quality legal representation
Hear what lived experience experts, current or former youth with experience in child welfare, say:
I knew that I could establish a positive relationship with my social workers and attorneys because they gave me autonomy and opportunities to make decisions and be involved in my case.
I knew who my attorney was and what their role was; I was very involved in my case and they strongly encouraged that.
I had an attorney for the entire 6 or 7 years that I was in care. They allowed space for me to advocate for myself .
Why should states invest in counsel for kids?
Better outcomes
Children and parents who have legal counsel obtain better results than those who do not, including less time in foster care or group settings, shorter time to adoption or guardianship, and more successful reunifications.
Save Taxpayer Money
An attorney can shorten the time a child is in the foster care system, meaning cost savings for state and federal taxpayers.
Federal Funding Opportunity
The federal government encourages the appointment of legal counsel to every child and provides IV-E funding opportunities for legal representation.
Learn more about title IV-E funding for legal representation
Which states still need counsel for kids?
13 states do not guarantee right to counsel for children in child welfare case. Learn if your state is one of them: