Mockingbird Society

Navigation

• General

  • Home
  • Contact Us
  • Glossary of Terms
  • Links
  • Photo Gallery
  • Wish List
  • Jobs

• Mockingbird Times

  • About
  • Current Issue (PDF)
  • How to get Published
  • Mockingbird Times Archives

• ASK-Y

  • About
  • Meeting Minutes
  • Sealing of Juvenile Records Bill

• Mockingbird Family Model

  • About
  • Executive Summary
  • First Evaluation from the University of Washington (April 2004)
  • Second Evaluation from the University of Washington (September 2004)
  • Third Evaluation from the University of Washington (January 2005)
  • Fourth Report from the University of Washington (January 2006)
  • Fifth Report from the University of Washington (January 2007)

• Mockingbird Society

  • Board of Directors
  • Executive Director
  • Join Mockingbird
  • Indirect Cost Policy
  • Mockingbird in the News
  • Program Information
  • Training Institute

HB 3048 Adequate Legal Representation for Adolescents in Foster Care One Pager

CONTACT: JIM THEOFELIS / (206) 323-5437

REQUEST

HB 3048 proposes the creation of a one-year pilot project in at least two counties that would provide attorneys for all adolescents ages 12 and older in their dependency proceedings. The program would be housed with the UW School of Law. Attorneys involved in the project would be highly trained in dependency matters and would maintain a caseload no larger than 80 ongoing cases. Judges and commissioners in the pilot counties would receive training on dependency matters and how an attorney for the adolescent affects the dynamics of the proceedings. Guardian Ad Litem (GAL) or CASA programs in the pilot counties would receive training on how to work together to maximize the different, but complementary roles of attorneys and GALs/CASAs.

ISSUE

Ensuring the safety, permanency, and well being for adolescents in the Child Welfare System is the primary focus of HB 3048. In one recent study, Washington State received an "F" grade in providing legal representation for children in abuse and neglect proceedings—the grade put Washington among the five worst states. Unlike most states, Washington does not mandate legal representation for adolescents involved in one of the most involved and complicated legal procedures that anyone can experience. Every other party in dependency proceedings in Washington has access to an attorney—the Attorney General's office represents the Department, and a court appointed public defender most often represents the parents. The most basic rights of adolescents will be decided by these proceedings—they may permanently lose their families.

Access to an attorney will provide adolescents with someone who can use the legal process to ensure children are in a safe home and receiving the quality services that support long term stability and permanency. Attorneys can advocate for adolescents to return to their biological families when appropriate, while also increasing system accountability.

HISTORY

Despite federal law calling for representation of dependent youth by a CASA, Guardian Ad Litem, or attorney, Washington State has never provided this to all children. Each county has decided what level of representation to provide. At least one federal court has indicated that the U.S. Constitution requires attorneys for all children in dependencies, not just adolescents. The Washington State Supreme Court Commission on Children in Foster Care recently adopted principles calling for legal representation of all adolescents in foster care.