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Counsel for Kids Campaign Update – Spring 2022

The Counsel for Kids (C4K) Campaign continues to grow – expanding state coalitions, evolving partnerships, increasing media visibility, improving public awareness, and enhancing tools and resources to influence policymakers.
Youth should be seen, heard, and represented: watch our new video.

Technical Assistance (TA) Requests

In addition to ongoing technical assistance in Florida, Idaho, Indiana, and South Carolina, the Counsel for Kids campaign received new requests for TA from Colorado, Connecticut, and Washington. We continue to accept TA requests to advance children’s right to counsel. Technical assistance services include policy analysis, data review, policy drafting/review, resource development, campaign strategy support, youth engagement, coalition building, litigation strategies, and high-quality legal representation.

New Tools

C4K released two new tools to assist stakeholders in public education and advocacy efforts: Complementary Roles: Attorneys and CASA’s and Promoting Race Equity Check them out and share with your networks!
Our Toolkit also includes factsheets and resources on:

  • Including lived experience experts
  • Appropriations
  • Mythbusters on Counsel for Kids
  • Guide for Policy Advocates
  • How to write an Op-ed
  • Model Statute
  • Chart on Models of Representation
  • Policy Advocacy Matters slides
  • Template for a factsheet for your state

State by State Policy Update

Alaska: Supreme Court of Alaska issued Order No. 1978 making significant changes to Child in Need of Aid (CINA) rules, effective October 17th. Rule 3 guarantees a child’s right to be present and participate in court hearings and Rule 12.1 mandates the appointment of legal counsel to children age 10 or older in CINA proceedings in certain circumstances: if they refuse residential treatment or psychotropic medication; if they are pregnant or parenting; if they want to protect their therapy records as confidential or under other circumstances; or if they’ve been put on runaway status from a foster home placement. C4K provided comments on the proposed rules during the Supreme Courtscall for comment. The rule changes are a welcome expansion of access to legalcounsel for Alaskan youth.

Colorado: Governor Polis signed House Bill 22-1038 –requiring client-directed legal counsel for youth age 12 or older in child protection matters—into law on April 12th. NACC Executive Director Kim Dvorchak testified (@ minute 10:56) in committee hearings, submitted written testimony of support, and participated in the signing ceremony.

ConnecticutSenate Bill 309 would allow youth age 18-23 in extended foster care to be eligible for legal representation. NACC submitted written testimony of support for a March 8th hearing but the bill stalled in committee.


GeorgiaHouse Bill 322 would establish statewide performance measures and standards, minimum training requirements, duties, and responsibilities of attorneys representing parties in child protection matters. The bill passed the House in 2021 and was carried over for consideration by the Senate this session where it was passed by substitute, but later stalled.
House Bill 1234 would provide a right to an attorney for any child receiving extended foster care services from the Department of Family and Children Services. The bill was passed by the House Juvenile Justice committee but stalled in the Senate Judiciary Committee.

FloridaSenate Bill 948House Bill 1549 would create a statewide office of child representation and new right to direct representation by an attorney for children placed in out-of-home licensed care. The Children, Families, and Elder Affairs committee unanimously approved the bill in a public hearing, on January 11th during which lived experience experts and child welfare law practitioners testified in support. Although this bill later died in in Appropriations Subcommittee on Criminal and Civil Justice, House Bill 5001 includes a Child Representation Pilot Program in Broward and Palm Beach Counties. The Governor is expected to consider and sign the budget in coming weeks. C4K supported advocates by circulating this action alert to encourage the Governor’s support.

Indiana: Senate Bill 180 would require the appointment of legal counsel to children in abuse and neglect proceedings. On January 10th the Family and Children Services committee voted unanimously to pass the bill on to the Appropriations committee, which amended the bill to require a summer study children’s legal representation. A diverse group of stakeholders including attorneys, foster parents, and judges testified at the committee hearing on the original bill language (begins at minute 15). NACC submitted written testimony of support.

New Mexico:House Bill 46, known as “The Family Representation and Advocacy Act,” establishes a new independent Office of Family Representation and Advocacy committed to providing high quality legal representation to children and families involved in the child protection system. Governor Grisham signed it into law on March 8th.

South Carolina: C4K has continued to build relationships with key decisionmakers in South Carolina. After addressing the Joint Citizens and Legislative Committee on Children townhall, C4K supported the development of an annual report that highlights improved outcomes associated with legal representation and their utility in states with active CASA/GAL volunteer programs.

Washington: Early in the year, the Washington Association of Child Advocate Programs sought budget funding to hire attorneys to represent volunteer guardians ad litem. This request arrived just after House Bill 1219 (2021) was signed into law guaranteeing legal representation to children age 8 and up. A six-year phase-in process was established to mitigate the initial fiscal impact of HB1219. NACC submitted a letter to the house appropriations committee opposing the budget proposal that would appoint attorneys to volunteers before all children are represented. As recommended by NACC, this proviso was stricken from the final budget.

What’s Next for C4K?

This summer, we are excited to host undergraduate and graduate level interns from the Center for Law, Brain & Behavior at Massachusetts General Hospital of Harvard Medical School in partnership with clinical faculty of William James College.  The interns will research and write a white paper on the developmental capacity of school age children to direct legal representation.

The Counsel for Kids campaign is developing a comprehensive policy paper to educate legislators and staffers about why legal representation for children is necessary and how states can implement legal services delivery systems. C4K plans to publish the paper in August 2022.

How Can You Help?

To build awareness of the importance and impact of high-quality legal representation on children and families, we provide training to state groups upon request. Please notify Natalece Washington ([email protected]) about opportunities to provide public education in priority states. 

You can also send this update to your network, tell your friends about counselforkids.org, follow @NACCchildlaw on social media, and share why #Counsel4Kids is important for your state!

NACC & Partners Deliver Sign-on Letter Showing Broad Support for Legal Counsel

The National Association of Counsel for Children and partners recently delivered a letter to Congress endorsing access to legal counsel for children and parents in child welfare proceedings through Child Abuse Prevention and Treatment Act (CAPTA) reauthorization. Signed by over 750 individuals and organizations, the letter encompasses widespread support from nearly every corner of the child welfare field, including foster youth-led organizations, judges, community service providers, civil rights groups, district attorneys, education advocates, immigrant rights groups, tribal law organizations, philanthropic entities, local and state agencies, and more.

More: NACC’s CAPTA advocacy.

Counsel for Kids Rings in 2022 with Legislative Action in 3 States

The Counsel for Kids campaign rang in the New Year with the melody of multi-state legislative action to advance children’s right to counsel.  Three states have made children’s legal representation a priority area for policy development.   

In Florida, Senator Lauren Book sponsored SB 948 in a renewed effort to establish a Statewide Office of Child Representation and guarantee counsel for children in licensed foster care homes.  Unlike last year’s bill (which did not pass), SB 948 is accompanied by companion bill House Bill (HB) 1549.  On January 11th, the first hearing  was held before the Children, Family, and Elders Committee.  Lived experience experts and child welfare law practitioners testified in support of the bill—which passed unanimously. The bill drew significant interest from multiple media outlets.  It now awaits hearing by the Subcommittee on Criminal and Civil Justice.  Mirroring HB 1549 was referred to Children, Families, and Seniors, Health and Human Services, Judiciary, and Appropriations House committees and has not yet been scheduled for public hearing at the time of this writing.  NACC submitted a letter of support for SB 948.   

In Indiana, SB 180 was filed in January, initially proposing a guaranteed right to counsel for children in child welfare proceedings. During a January 10th public hearing on this bipartisan proposal, testimony was taken from a number of stakeholders including attorneys, foster parents, and judges.  Consideration was also given to an expert affidavit offered by Professor Emeritus Don Duquette regarding cost savings linked to children’s right to counsel. The committee voted unanimously in favor of passing the bill on to the Appropriations committee.  The media response was swift.  On January 20th, while assigned to the Appropriations committee, the bill was amended to request that an interim study committee consider the implications of this potential reform.  This amendment passed unanimously. As a state with a biennium budget, Indiana generally passes legislation with fiscal impact every other year.  NACC is optimistic about continued momentum on this issue in 2023. View NACC’s letters of support for original SB 180 and its amendment

Colorado is also using legislative reform to align its children’s legal representation statute with nationally-recognized best practices. In Colorado, children in child welfare proceedings must be appointed an attorney guardian ad litem.  New legislation, HB 22-1038, would require the appointment of a client-directed attorney for any child age 12 and older. The bill would also establish the party status of the child in court proceedings. Media attention and support from lived experience experts for the proposal began before the bill was formally filed.  The bill is committed to the House Judiciary committee, but will go to Appropriations if a fiscal note is assessed.   

‘It’s important for kids to have a voice’: FL lawmakers propose mandatory lawyer for foster children

When it comes to court, it’s every foster child for themselves in some Florida counties.

Florida is one of 14 states that does not guarantee a foster child will get a lawyer during court proceedings, according to the National Association of Counsel for Children.

“A lot of these kids — they’ve been abused and neglected,” said Robert Johnson….

Read more and watch the video from NBC-WESH 2

Children in foster care don’t always get an attorney in Indiana. That could change.

A bill before Indiana lawmakers could require juvenile judges to appoint attorneys for children in the foster care system.

Senate Bill 180 would require a judge to appoint an attorney to represent cases involving children in need of services (CHINS) and termination of parental rights (TPR). Currently, a judge can choose whether to appoint an attorney to represent a child in these cases.

“When you think about a child in the welfare system and their case, they’re really the only ones currently in Indiana that don’t have representation,” the bill’s author, state Sen. Jon Ford (R-Terre Haute), said before the Senate Committee on Family and Children Services Jan. 10…

Read more in the Indianapolis Star.

Indiana lawmakers consider bill to appoint all children experiencing foster care an attorney

The Indiana Senate is considering a bill that would provide counsel for youth experiencing foster care in Indiana. SB 180 advanced unanimously through the Family and Children Services Committee and now moves to the Appropriations Committee.

“Children really need a team, and a complete team, that ensures that their legal rights are protected,” said Joshua Oswald, an advocate with lived experience in the child welfare system.

View video from local CBS news on this bill.

Florida Senator Lauren Book’s child welfare bill advances in committee

Florida children in certain kinds of proceedings would automatically be appointed an attorney under this legislation.

Sen. Lauren Book’s bill that would guarantee an attorney is appointed for children in the state’s care advanced in committee Tuesday — but not before the bill drew heartbreaking testimony both for and against.

The Senate Democratic Leader’s legislation (SB 948) would create the Office of Child Representation to provide an attorney to represent a minor who is involved in abuse or neglect, going through delinquency proceedings, or the subject of parental termination of rights. Republican Rep. Randy Maggard has filed an identical bill (HB 1549) in the House…

Read more in Florida Politics. And listen in Florida Public Radio’s coverage of the bill (17:40 mark).