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Tuesday, April 24, 2007
STATE RANKINGS
The grades assigned by First Star, a Washington-based child advocacy group, in a report assessing state laws regarding legal representation for children in abuse and neglect proceedings:
A: Connecticut, Louisiana, Mississippi, New York, West Virginia
B: Arizona, Arkansas, District of Columbia, Georgia, Kansas, Maryland, Massachusetts, New Jersey, New Mexico, North Carolina, Oklahoma, Tennessee, Texas, Virginia
C: California, Colorado, Michigan, Minnesota, Nebraska, Ohio, Pennsylvania, South Carolina, Utah, Vermont, Wyoming
D: Alabama, Iowa, Kentucky, Montana, Oregon, Wisconsin
F: Alaska, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Maine, Missouri, Nevada, New Hampshire, North Dakota, Rhode Island, South Dakota, Washington
NEW YORK - Maine is among 15 states that get failing grades on a first-of-its-kind report card assessing the legal representation provided to abused and neglected children as courts make decisions about whether to separate them from their families.
The report, to be released today by the Washington-based child advocacy group First Star, is sharply critical of states that do not require all children in the proceedings to have their own attorneys. Maine uses trained, court-appointed volunteer advocates.
The report says more states should join the 17 that require lawyers to represent children's expressed wishes and ensure that those preferences are heard in court.
"The family of a child can be created and or destroyed based on the determination by the court," the report says. "And too often, the child, although most impacted by the court, has the least amount of input."
Since 1974, Congress has required states to appoint representatives -- often known as guardians ad litem -- for children in abuse and neglect proceedings. However, states have interpreted the federal law in varying ways. The First Star report says 16 do not have statutes requiring that children be represented by their own attorneys in all child-protection proceedings.
"If you or I have a traffic accident, we can hire an attorney to represent our interests," said First Star's chief executive, Deborah Sams. "If a child has been the victim of abuse and neglect, they deserve the same right."
The report based grades on several criteria, most importantly whether legal counsel for children is mandatory and whether the attorneys are required to advocate for the children's expressed wishes. Other criteria included requiring specialized training in child-advocacy law, the attorneys' ethical responsibilities, and the children's right to attend key court hearings.
The 15 states receiving an "F" were Alaska, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Maine, Missouri, Nevada, New Hampshire, North Dakota, Rhode Island, South Dakota and Washington.
Whytni Frederick, a First Star lawyer who was the principal investigator for the report, said the grades were based on state laws, not on day-to-day practices by state courts and agencies. For example, Rhode Island got a low grade in part because its statute does not specify that the child's representative must be an attorney. But Family Court Chief Judge Jeremiah S. Jeremiah Jr. said the court's ongoing policy is to appoint attorneys.
In several other states, children are routinely represented by non-attorneys, often volunteers from a nationwide program called Court Appointed Special Advocates. The advocates are widely praised for their dedication, and frequently spend more hours with children than attorneys could spare, but they often lack legal expertise.
"The court system has become increasingly complex," said Paul D'Agostino, executive director of the Child Abuse Council in Tampa, Fla. "It's important the child has representation that is very knowledgeable and sophisticated."
Maine officials spoke highly of the work done by the volunteer advocates. The Department of Health and Human Services contends its court-appointed special advocates are well-trained and passionate.
"We don't share that criticism that some may have of using non-attorney guardian ad litems," said Linda Brissette, a children services program specialist with the DHHS.
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Make room at the trough folks, the lawyers need another place to swill.report abuse
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