Contact:
Mara Powell
mpowell@kyyouth.org

New Issue Brief: Strengthening Legal Representation for Kentucky Families

An Analysis of Pre-Petition Legal Representation and Recommendations to Improve Outcomes

LOUISVILLE, KY – When families have access to quality legal representation during child welfare involvement, children are more likely to remain safely with their parents, leading to improved long-term outcomes. Yet, most Kentucky families do not receive legal representation until after a child has been removed and a court petition has been filed. Pre-petition legal representation offers an additional tool to resolve issues safely and to help families navigate the system.

A new issue brief – Strengthening Legal Representation for Kentucky Families – released today by Kentucky Youth Advocates with the support of Casey Family Programs provides an analysis of pre-petition legal representation programs across the country and recommendations to support the development and implementation of a pilot program in Kentucky. 

“Pre-petition legal representation connects families with ongoing legal advocacy before a concern of child safety escalates into harm. By intervening earlier, these programs provide another set of eyes to ensure that parent’s and children’s rights are fully upheld,” said Dr. Shannon Moody, Chief Policy and Strategy Officer at Kentucky Youth Advocates. 

Most substantiations of child maltreatment in Kentucky involve neglect (76%) rather than abuse, which is often tied to issues such as unstable housing or transportation barriers. Additionally, in 2024, two in five (39%) of Kentucky children exited foster care to reunification with a parent or primary guardian, underscoring that many families are able to be safely together with appropriate supports.

Pre-petition legal representation typically begins when a family is referred to a program due to warning signs of potential child welfare system involvement. Once connected, families receive support with both legal and non-legal challenges, including housing, custody issues, protection orders in cases of domestic violence, and navigating the child welfare process. States that have invested in pre-petition legal representation see measurable benefits for families, including reduced preventable child removals and strengthened access to services before concerns escalate into a family’s court involvement.

A strong first step toward piloting a pre-petition legal representation program in targeted communities would be creating a statewide office of family legal representation that could house and administer the pilot. The brief provides the following recommendations for a Kentucky pilot:

  • Target cases where early intervention can prevent removals, such as educational neglect.
  • Ensure funding supports a multidisciplinary team that includes attorneys, social workers, and peer advocates with lived experience so that families receive holistic support.
  • Collect data on outcomes, cost savings, and system impact.
  • Utilize Title IV-E reimbursement for allowable pre-petition legal services in order to maximize other available federal and state funds allocated to the program.

“Every child and parent deserves reliable legal advocacy and the chance to remain safely together. Implementing a pre-petition pilot would give Kentucky a clear path to test this approach, measure its effectiveness, and determine how early legal support can strengthen family outcomes and improve early decision making around these complex cases,” said Dr. Moody. 

View Strengthening Legal Representation for Kentucky Families issue brief at kyyouth.org. Learn more about the Blueprint for Kentucky’s Children priorities to strengthen family legal representation and address educational neglect at kyyouth.org/blueprintKY. 

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About Kentucky Youth Advocates
Kentucky Youth Advocates believes all children deserve to be safe, healthy, and secure. As THE independent voice for Kentucky’s children, we work to ensure policymakers create investments and policies that are good for children. Learn more at kyyouth.org.