HB 3048 Adequate Legal Representation for Adolescents in Foster Care Fact Sheet

 

2008 Legislative Proposal

HB 3048, sponsored by Representatives Pat Lantz (Pierce County) and Roger Goodman (King County) proposes the creation of a one-year pilot project in at least three counties that would provide attorneys for all adolescents ages 12 and older in their dependency proceedings.

(A dependency hearing is a court procedure that tracks and reviews the legal dependency of children/youth in foster care in the state of Washington. Hearings occur at least every six months. Individuals typically present include an attorney for the State, an attorney for biological parents (if rights haven't been terminated), a GAL/CASA (if appointed), and, in a few counties, an attorney for CASA.)

Current State Law

Washington is among only 15 states where attorneys are not automatic for all children in foster care. Youth 12 and older can ask for an attorney but there is no guarantee they'll be appointed. In some counties it is more automatic (Benton-Franklin at age 9, King at age 12). National Perspective: In a report card on the legal rights of foster kids, Washington was given a "F" (bottom five) in part, due to a lack of legal representation for children. 36 states have attorneys for all children, 15 do not. The only federal court to examine this issue found children have a Constitutional right to an attorney in all foster care proceedings.

Estimated Cost for three counties is 1.8 million.

Organizational and Individual Supporters

Amara
Children's Alliance
Children's Home Society
Foster Parents Association of Washington (FPAWS)
Mark Courtney,
The Mockingbird Society
Pacific NW Alumni of Foster Care
ROOTS
Sheri Schultz
TeamChild
Volunteers of America-Eastern Washington and Northern Idaho
Washington Association for Criminal Defense Lawyers
Washington Defender Association
Washington State CASA
Youth Advocates
YouthCare
YMCA of Greater Seattle