Adequate Legal Representation for Adolescents in Foster Care 2008 Budget Request (Formerly HB 3048)

 
2008 Legislative Proposal: This modest budget request/proviso ($380K) resulted from HB 3048, which was sponsored by Representatives Pat Lantz and Roger Goodman and was passed out of the House Judiciary Committee. The budget request proposes the creation of a one-year, one-county pilot project that would provide attorneys for all adolescents ages 12 and older in their dependency proceedings. Attorneys in the pilot county will carry a caseload of no more than 80 ongoing cases and will receive significant training in dependency matters.

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

Current State Law: Youth 12 and older can ask for an attorney, but there is no guarantee one will be appointed. In some counties it is more automatic (Benton-Franklin at age 9, King at age 12). In a national report card on the legal rights of foster kids, Washington received an "F" (among the five worst scores) in part, due to a lack of legal representation for children. Washington is among only 16 states where attorneys are not automatic for all children in foster care. 34 states and the District of Columbia provide attorneys for all children. The only federal court to examine this issue found children have a Constitutional right to an attorney in all foster care proceedings.

Overwhelming Support: The Seattle PI (1/31/2008) called for passage of HB 3048, calling it "an excellent opportunity" and a "worthy legal pilot" that "should increase young people’s confidence, sense of control and understanding of the court decisions" that greatly affect their lives. There is no organized opposition to the pilot, and testimony at the hearing included representatives from the American Bar Association, Casey Family Programs, foster care alumni, and others. On Youth Advocacy Day, over 100 youth went Olympia to urge legislators to support the pilot. Organizational and individual supporters include:

Amara
Justice Bobbe J. Bridge (ret.)
Center for Children and Youth Justice
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