Representation of Parents and Children in Abuse and Neglect Cases: The Importance of Early Appointment

Abstract

The serious consequences of abuse and neglect proceedings including placement in foster care and termination of parental rights mandate that parents and children receive competent and well-trained legal representation. Unrepresented parents and children cannot match the expertise and sophistication of government lawyers and trained child welfare workers in complex child abuse and neglect proceedings. To ensure a fair opportunity to present their positions, answer their questions, and guide them through a challenging legal, administrative, and emotional process, courts must provide trained and well-prepared legal counsel to parents and children. Counsel protects important constitutional and legal rights, helps prevent the unnecessary entry of children into foster care, and assists in strengthening family supports. Many state legislatures provide attorneys for parents in abuse and neglect cases, while some states provide for only discretionary appointment. In others, the appointment occurs late in the case at the adjudicatory or termination of parental rights hearing. Federal law mandates that the child have representation from a guardian ad litem (GAL)