On July 26, Governor Sununu signed into law Senate Bill 463-FN that guarantees legal representation to youth placed in any group home, child care institution, or state operated residential treatment facility. Implementation of the bill will occur in phases according to a child’s age, with full implementation by July 31, 2026 for children in facilities within New England. All children in facilities outside of New England shall be entitled to counsel by July 31, 2025. We applaud the work of an array of state advocates and legislative champions Representatives Pat Long and Mark Pearson for their fierce defense of children’s legal rights. The New Hampshire General Court took the first critical step in expanding access to justice for youth in foster care.  

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. 

May 1 is Law Day and the start of National Foster Care Month. May 15 is the anniversary of the case In Re Gault – which guaranteed lawyers for youth experiencing the criminal legal system.  At the intersection of access to justice and children lies the unfortunate reality that 13 states do not guarantee legal representation for young people experiencing the child protection system.

On May 1 and May 15, please post on social media why #Counsel4Kids are important! Or you can share posts from @NACCchildlaw to help amplify the message! Thank you for your partnership.

New Hampshire considered (retained) House Bill 535 (2023) during a closed interim Children and Family Law Committee session on October 31. As amended, it requires the appointment of legal counsel for children placed in institutions or group homes and permits judges to appoint attorneys to any child in child protection court proceedings. The committee made an “ought to pass with amendment” recommendation to the House. On January 3, the House floor adopted the recommendation. The bill’s next stop is House finance. Children and Family Law Committee chairs co-authored an op-ed endorsing the expansion of children’s access to legal counsel in child protection court proceedings. Companion Senate Bill 463 was introduced on January 3. 

On December 5, Florida interim House Children, Families, and Seniors subcommittee considered House Bill 185 (2024) that would revise Florida law to eliminate special needs categories of youth guaranteed legal representation and restrict judicial discretion to appoint legal counsel. Members of Foster Fairness and others testified in the public hearing. NACC submitted this letter of opposition. 

NACC invites all practitioners to join us for our inaugural virtual training series: High-Quality Legal Representation for Infants and Toddlers. Presented by NACC staff, and created in partnership with the ABA Center on Children and the Law, the Rocky Mountain Children’s Law Center, Zero to Three, and the Kempe Center, this first-of-its-kind training series focuses on the knowledge, skills, activities, and best practices needed to deliver high-quality representation to infants and toddlers.

Learn more: https://naccchildlaw.org/event/nacc-virtual-training-series-high-quality-legal-representation-for-infants-and-toddlers/

The first half of the year has been full of activity for the Counsel for Kids campaign. The campaign supported successful policy reform, released new resources, and held various engagements to spread the word about why children in court need lawyers of their own.

Campaign Legislative Progress

The C4K campaign celebrates a victory for children in Montana! Advocates secured the right to counsel for all children involved in child protection court proceedings—taking the number of states not guaranteeing children’s counsel from 14 to 13. State Representative Jennifer Carlson (R) advanced work initiated by her colleague, former Representative Danny Tennenbaum (D), during the 2022 summer Interim Committee Meetings of the Children, Families, and Health and Human Services committee. When the committee chose not to sponsor a C4K bill during the 2023 session, she proposed her own legislation: House Bill 37 to guarantee children’s right to appointed counsel. As a National Conference of State Legislatures Child Welfare Fellow, Rep. Carlson demonstrates her commitment to improving the lives of children experiencing foster care by working to ensure their access to high-quality legal representation. She also sponsored House Bill 555 to require the state child protection agency to maximize Title IV-E federal funding for children’s legal representation and establish training requirements and practice standards for children’s attorneys. Governor Gianforte signed HB 555 into law on April 20. HB 37, which also included provisions related to warrant requirements for child removal and shortening the time frame for hearings after removals, was approved by the Senate and House but vetoed by the Governor on May 11. The Governor signed its companion bill–Senate Bill 148, that solely addresses children’s right to counsel, sponsored by State Senator Dennis Lenz (R)– into law on May 19.Rep. Carlson notes that these bills, “[…] will make a huge difference in the Montana CPS culture emphasizing the importance of children’s voices being heard, their interests being legally represented, and their constitutional rights being honored.” 

In Florida, StateSenator Jennifer Bradley (R) sponsored Senate Bill 488, which would expand the categories of special needs dependent children who are entitled to appointed counsel. The bill was referred to three Senate committees but was never set for a public hearing. While SB 488 would take only a modest step to increase access to justice, it faced powerful opposition from a competing bill: House Bill 875. HB 875, supported by the State Guardian ad Litem Office, aimed to eliminate the current guarantee of counsel for special needs children. Though HB 875 passed the House, it did not have enough support to receive a hearing in the Senate. Thus, Florida finalized neither proposal before the session adjourned, and the status quo remains. 

In Illinois, StateSenator Ann Gillespie (D), led a powerful campaign to secure children’s right to client-directed counsel. Long before the session commenced, Sen. Gillespie convened a diverse group of stakeholders, including NACC and lived experience experts, to develop a strategic plan to pass C4K legislation. Knowing that funding would be critical, Gillespie’s first strategic effort focused on ensuring federal Title IV-E funding for children’s legal representation in Illinois by sponsoring Senate Bill 1720. Governor Pritzker signed this bill on January 9. Sen. Gillespie next sponsored SB 1478 to guarantee legal counsel for all Illinois children in child protection court proceedings. She worked collaboratively with a coalition of aligned organizations and individuals to help support the proposal. Gillespie used the media as a tool to advance C4K policy, convening a press conference upon filing of the bill. She also co-authored an opinion piece with State Rep. Lakesia Collins in the Chicago Tribune to describe how system reform must include guaranteed legal counsel for children in foster care. Under her leadership, SB 1478 sailed through the Senate with unanimous approval. The bill met opposition and stalled in the House.  

In Indiana, State Senator Jon Ford (R) maintained his unwavering commitment to children and youth experiencing foster care. This year, he championed Senate Bill 485 which would require the appointment of legal counsel to a child in certain circumstances. This proposal was a renewed effort of his prior C4K proposal, Senate Bill 180 (2022). SB 485 was not scheduled for committee consideration. Sen. Ford also convened a 2022 independent interim study committee of legislators, members of the judiciary, and lived experience experts to examine the value and impact of children’s legal representation.

In New Hampshire, StateRepresentative J.R. Hoell (R) battled to maximize youth voice in child protection court proceedings. Rep. Hoell proposed HB 535, which would permit the court to appoint counsel for a child in abuse and neglect proceedings when the child’s expressed interests conflict with any recommendation of the guardian ad litem. Fortunately, during debate, the legislature examined the role of legal counsel for children in broader contexts. Ultimately, the Children and Family law committee voted to retain the bill for further consideration. Rep. Hoell’s work rang a bell for New Hampshire lawmakers that cannot be un-rung. His passionate advocacy brought needed attention to this critical issue and the deleterious impact of court proceedings that do not solicit youth input or provide legal counsel.     

New Resources

In April, NACC released the first comprehensive, state-level guide for policymakers to address the lack of legal representation for children in child protection court proceedings. Seen, Heard, and Represented: A Policymaker’s Guide to Counsel for Kids explains why kids need high-quality attorneys and provides a blueprint for legislators to develop excellent children’s legal representation systems and strengthen state policy. 

NACC also released a short video on nine ways Counsel for Kids promote race equity. The video underscores the overrepresentation of Black and Indigenous children in the child welfare system relative to their representation in the general population. It describes how high-quality legal representation can help confront and challenge racism in individual cases and is a key strategy for addressing systemic racial disproportionality and disparity. Please share this resource on your social media accounts and throughout your networks. 

Spreading the Word

In March, Legal Director Allison Green presented Lawyers Make a Difference to the Idaho Child Protection Committee focusing on the value of legal representation for very young children.

On May 3, Executive Director Kim Dvorchak made a guest appearance on Cat Brooks’ Law and Disorder podcast to discuss the importance of children’s right to counsel.

On the same day, Policy Counsel Natalece Washington addressed a convening of Access to Justice Directors at the ABA/NLADA Equal Justice Conference in Dallas, TX. She shared the Policymakers Guide to Counsel for Kids and highlighted the justice gap for children and youth experiencing foster care. Washington emphasized the role Access to Justice leaders play in centering children’s legal needs among key decision-makers at the state level. 

On May 5, Ms. Washington presented the report at the State Policy Advocacy + Reform Center (SPARC) Network meeting to explain how states can advance C4K reform initiatives. 

The growth and reach of the campaign in the first half of 2023 shows the increasing appetite for state governments to guarantee that children in the nation’s foster care systems have access to attorneys of their own to ensure that their voices are heard and respected.

Last week, Montana passed Senate Bill 148, which guarantees right to counsel for children experiencing the child protection system by statute. With the passage of this law, Montana becomes the 37th state to guarantee counsel for kids. The law requires the court to appoint Expressed/Stated-Interest legal counsel in all dependency cases.

The Counsel for Kids campaign celebrates this key legislation in Montana, which is part of a national trend of states considering right to counsel legislation in dependency cases. As of May 2023, 13 states still do not guarantee legal representation for children experiencing child welfare court proceedings. Children in court need lawyers of their own. We’re working to make sure they have them.

Executive Summary of Initial Outcome Evaluation of NACC’s Counsel for Kids Campaign by Sarah Bryer Consulting

In the spring of 2021, the National Association of Counsel for Children (NACC) launched a state-based “Counsel for Kids Campaign” (Campaign) to ensure the right to counsel for every child in the child welfare system. The Campaign incorporated twin goals of advancing reform and building out local advocacy capacity. NACC provided tools, resources, and direct technical assistance (TA) to statebased partners seeking to initiate, expand or improve upon children’s legal representation.

Halfway into an initial three-year grant, NACC commissioned a neutral, third-party evaluator to conduct an evaluation of the Campaign’s progress and understand its impact. At that point, NACC had worked with seven states in different stages of policy change. The evaluation found that the Campaign provided relevant TA that met or exceeded its initial goals, and that with additional resources it could achieve even greater impact establishing and expanding access to counsel for kids.

Methodology
The evaluator collected qualitative data to surface patterns and uplift nuances that might be clouded by a quantitative approach. The evaluator conducted a full document review and semi-structured, qualitative interviews with NACC national staff and with the lead advocate in each of the seven states (AK, CO, FL, IN, ID, SC, WA).

Support for State Campaigns
State-based advocates appreciated and utilized NACC’s substantive assistance. The evaluation revealed several themes related to this support.

On-Point Assistance: NACC staff provide a variety of assistance including campaign strategy planning, communications support, research, talking points, help identifying allies, coalition building,and answering questions from legislators. NACC staff serve as a sounding board, give feedback on materials, provide the muscle for drafting more extensive documents, testimony, and letters, and present at committees, trainings and working groups.

“NACC was able to respond to legislators quickly … They had a high level of
specificity and accuracy.”

A Culture of Humility: The Campaign incorporates a “culture of humility” to its work by treading carefully in state waters. Campaign staff are both respectful of and sensitive to the local advocates’ desires and the political contexts in which they operated. NACC typically strategizes with local partners about how best to wield their influence and frequently conducted work out of the public eye to avoid a perception of meddling by a national organization.

“People (here) really don’t like being told what to do. (NACC) was very
appropriate in not stepping on toes.”

“NACC is persuasive with some but not all attorney groups, so we strategized about the best place for NACC to be the most effective.”

National, Independent Expertise: NACC successfully walk the tightrope of knowing when to step back from the spotlight while also capitalizing on the benefit it brings as a national expert that wasn’t entangled in local politics.

“Having NACC at the table brought the conversation up out of the personal and back into the realm of best practice.”

“NACC gave the work national credibility. [We] could talk about this being a national movement and paint a bigger picture.”

Enhancing Local Advocacy Capacity
NACC’s secondary goal for their campaign is to build out local advocacy acumen. By providing state advocates with support around strategic planning, coalition development, cross-state connections and communications infrastructure, the Campaign both advances current efforts while deepening advocacy know-how. Five states that were either initiating their campaigns or were at an inflection point benefited from capacity building assistance. Most of the states that received capacity building TA indicated that the assistance was crucial.

“When NACC came in, it became a campaign. Gave it a backbone.”

“Because of NACC, things happened more quickly than they otherwise would have.”

NACC staff help formalize the coalition structure with principles and guidelines so that members of the public could see how it operated, allowing for healthy membership expansion.

“We developed a broader coalition, so it wasn’t just lawyers – but included people with lived experience: parents, foster parents of youth, young adults who were youth in the system. In the past we had just turned to the usual suspects. Our coalition has now doubled in size.”

NACC Campaign Staff would have liked the state coalitions to include even greater racial and ethnic diversity. This remains challenging and requires further investigation and action.

Communications Infrastructure: The Campaign helps to build out some states’ infrastructure for communications through website improvements and increased social media presence, but states have limited capacity to maintain these channels independently of NACC staff.

Creating Peer Connections: Several states expressed that NACC’s facilitation of cross-state connections improved their work and were eager for more peer-to-peer opportunities. Similarly, five states elevated NACC’s national conference as a critical place to learn about the campaign, gain new strategies and hold discussions with key state stakeholders on neutral ground.

Campaign Growth Areas
States identified multiple ways that the campaign could have even greater impact.

Advocacy Support: State advocates almost universally felt stretched thin. Suggestions for
increased advocacy support included:

• Funding for a full-time staff person in the state, having the Campaign take over their website and social media channels, and funding a lobbyist in the state;
• Resources for communications strategy such as ad purchases and help writing and placing editorials and news stories;
• Discretionary funds to pay for campaign activities such as food for meetings or stipends for youth focus groups.

Evaluation and Research: Multiple states mentioned the need for assistance with data collection and evaluation during both legislative and implementation stages and national research such as studies that compare the best interest attorney model to a client-directed attorney model.

Increased Capacity for NACC to Influence State Actors: Several states were interested in NACC building out its capacity to influence state actors. Suggestions for NACC included:

Developing connections with the departments of children’s services in every state;

• Developing connections with the departments of children’s services in every state;

• Establishing NACC’s independent relationships with state legislators;
• Bringing the heads of administrative bodies from other states to present to legislators; and
• Expanding national connections to CASA to help shift thinking on the local level.
  

Peer-To-Peer Connections: States were interested in more peer-to-peer connections both for advocates and state actors. Two ideas for these connections included:

• Building out cohorts of advocates at different stages of their campaigns; and

• Connecting state actors (administrators, judges, legislators etc.) to similarly positioned actors in other states, who could serve as trusted sources of information.

Litigation: While litigation was not part of NACC’s strategy, several states indicated a desire for connections to law firms and/or help building out a litigation strategy.

Implementation: Finally, states thought that after a change in policy, it would be helpful for the Campaign to provide on-going support for trainings, standards setting, data collection and evaluation.

Conclusion
The Counsel for Kids Campaign provides crucial and unduplicated support to state-based advocates.Campaign staff navigated the needs of local coalitions and the varied political waters in which they operated. State advocates universally appreciated the support from the National Campaign and could articulate, with specificity, how the Campaign’s involvement advanced their advocacy skills and goals. Recommendations for improvements centered on requests for increased services and supports rather than a change in the current practice of TA provision.

For more information about the Counsel for Kids evaluation and Counsel for Kids Campaign please contact NACC Executive Director Kim Dvorchak at [email protected]. Contact Sarah Bryer Consulting on LinkedIn or at [email protected]

PDF version of this summary.