The legal system can often feel like a giant maze, filled with confusing language, unclear pathways, and intimidating rooms. Imagine being a kid introduced to the courts system for the first time at the age of three, or five or even fifteen, not really knowing what to expect. 

We’re breaking down what legal representation looks like within Kentucky’s child welfare system and beyond for children and families, including the benefits, who provides it, what quality representation looks like, who pays for it, and more.

Who gets access to legal representation? 

Kids, parents/caregivers, and depending on the situation, kinship caregivers. 

The information below focuses on more typical child abuse and neglect court proceedings involving children and their birth parents.

What does legal representation look like within Kentucky’s child welfare system and across the U.S.? 

Kentucky provides legal representation to all children who enter the child welfare system if a court determines legal proceedings are needed beyond the temporary removal hearing*. Kentucky is one of 37 states that provides legal representation to children, which can have a big impact on the outcomes of kids in the child welfare system. 

There are many models used across the U.S. to ensure legal representation is accessible to children, including volunteer attorneys, paying attorneys directly with stipends or hourly pay, and contracting with nonprofit law firms or centralized or statewide offices. 

There are some states experimenting with providing legal representation before a petition is filed. Casey Family Programs outlines the benefits of pre-petition and preventative legal representation here.

What are the benefits of legal representation to kids and families?

Access to quality legal representation ensures kids’ legal rights are protected, increases access to supportive services, reduces the amount of time children spend in foster care, and reduces delays to permanency.  It also improves the timeliness and frequency of sibling and family visitation. 

At that same temporary removal hearing, the Judge can also appoint separate legal counsel for the parents, caregiver, or person exercising custodial control, if needed. Access to quality legal representation is important for parents for similar reasons; it ensures legal rights are protected, improves timeliness to reunification, increases access to resources, and ensures a better understanding of the courts system. 

Who provides legal representation to kids and parents in the child welfare system?

In the case of minors involved in dependency, neglect, and abuse cases, children are appointed a Guardian ad Litem (GAL). Parents are appointed a Court Appointed Counsel (CAC). The GALs and CACs appointed in Kentucky are attorneys who are licensed to practice in the Commonwealth and are on an approved list of attorneys that the Judge uses for appointment. 

Other states in the U.S. provide legal counsel differently. Kentucky is practicing providing legal counsel in a way supported by evidence and works diligently to require training to GALs and CACs to ensure they are adequately prepared. 

What comprises quality legal representation?

There is a growing body of research on quality legal representation coming from universities and think tanks that are invested in ensuring positive outcomes for children and families involved in the child welfare system. The Family Justice Initiative has compiled and analyzed research to establish a model for high quality legal representation. 

The model includes four individual attributes of attorneys:

  • Legal Advocacy: Proactively and zealously driving the case forward.
  • Out of Court Advocacy: Investigating facts, interviewing witnesses, consulting experts, etc.
  • Cultural Humility: Understand how racial, cultural, social, and economic differences may impact the attorney/client relationship, avoid imposing personal values upon clients, and take these factors into account when working with clients to achieve their case goals, including identifying and accessing services.
  • Scope of Representation: Identify potential ancillary legal issues that could impact client’s dependency case and refer client to legal resources to address issues, or handle if competent to do so.

The model also includes six system attributes for jurisdictions or states to consider to achieve quality representation, including:

  • Caseload and Compensation 
  • Interdisciplinary/Multidisciplinary Practice Model 
  • Diversity/Cultural Humility
  • Timing of Appointment
  • Support and Oversight 
  • Accountability/Use of Data

Who pays for this legal representation? 

Appointed legal representation for children and parents is paid for through a blend of state and federal funds. Recently, the federal government provided guidance on the use of Title IV-E funds to cover the administrative costs associated with providing legal representation to children, parents, relatives, public agencies, and tribes. 

What is CASA and where do they fit in all of this?

Court Appointed Special Advocates (CASA) in Kentucky play a very important role in advocating for kids. CASA volunteers are community-based and are appointed by judges to serve in child abuse and neglect cases. Once assigned to a child, the volunteer researches the child’s case, reviews documents, interviews relevant people, and makes a report to the court as to what is in the best interest of the child, in terms of services, placement, visitation, reunification, and permanency. 

Why is understanding legal representation in Kentucky important? 

Our child welfare system as a whole is only as effective and strong as its parts. As we look toward continually improving the effectiveness of the child welfare system, seeking to understand and improve legal representation is an important part of ensuring the overall process works in the best interest of the child and focuses on safely keeping families together when possible. 

*NOTE: At the Temporary Removal Hearing (TRH) the judge decides if the case should proceed. The judge also orders who will have custody of the child for now. The child could be left with their current caregiver, placed with a relative or fictive kin, or placed in the Cabinet for Health and Family Services’ custody. See this graphic for a deeper dive.