The Bar-Youth Empowerment Project

Children’s Right to Counsel

The Bar-Youth Empowerment Project aims to ensure that all children and youth in foster care have an attorney to represent them in their abuse, neglect and dependency proceeding. Here is a list of current resources. We will continue to develop and collect information related to the need for attorney representation for youth. If you have materials or resources to add, please email kellyk@staff.abanet.org.

• Please click here to read a DRAFT Model Act Governing Representation of Children in Abuse and Neglect Proceedings. We are seeking comments and feedback, but please consider the following caveats before sending feedback:
  This is a draft document. The commentary has been started but it not yet complete. Your comments and feedback will not just inform the act itself but also the commentary.
  All feedback and comments must be submitted by March 31 by e-mail to khourya@staff.abanet.org.
  Please do not use track changes within the document for your feedback, but instead put them into an e-mail. Refer to the line number for reference purposes and please be as specific as possible.
  General statements like “I don’t like this” will not be helpful, but suggesting additional or replacement language will be (e.g. in line 74 “shall” should be changed to “can”). Giving some background on your thinking will be helpful as well (e.g. in X state the language is permissive and works well). Suggestions for commentary are welcome and again the more specific you can be the better.
  Thank you for taking the time to give your input
  
  
• ABA Standards of Practice for Lawyers Who Represent Children in Abuse and Neglect Cases (February 1996)
  All children subject to court proceedings involving allegations of child abuse and neglect should have legal representation as long as court jurisdiction continues. These Abuse and Neglect Standards are meant to apply when a lawyer is appointed for a child in any legal action based on: (a) a petition filed for protection of the child; (b) a request to a court to change legal custody, visitation, or guardianship based on allegations of child abuse or neglect based on sufficient cause; or (c) an action to terminate parental rights.
  
  
• ABA Policy - Counsel for Children Enhancement (February 1987)
  The ABA requests State and local bar associations determine the extent to which statutory law and court rules in their States guarantee the right to counsel for children in juvenile court proceedings; and ascertain the extent to which, irrespective of the language in their State statutory laws and court rules, counsel is in fact provided for children in juvenile court proceedings and the extent to which the quality of representation is consistent with the standards and policies of the American Bar Association.
  
  
• ABA Policy - Guardians Ad Litem (February 1992)
  The ABA requests every state and territory meet the full intent of the Federal Child Abuse Prevention and Treatment Act, whereby every child in the United States who is the subject of a civil child protection related judicial proceedings will be represented at all stages of these proceedings by a fully-trained, monitored, and evaluated guardian ad litem in addition to appointed legal counsel.
  
  
• FirstStar’s National Report Card on Legal Representation for Children
  
  In 2006, First Star conducted an extensive analysis of child representation laws in all 50 States and the District of Columbia. First Star leveraged its existing statutes and rules with data from commercial legal databases and state legislative websites to grade states' performance in this area. First Star also gathered information to inform the analysis by conducting a survey of practitioners in every state.