Members of the Child Protective Legal Representation Task Force recently released a report — incorporating public input — with recommendations for state leaders to improve legal representation and address disparities in child protective proceedings across Michigan. A key recommendation is that legislators establish a statewide parent and child legal representation office that would, among other duties:
• establish minimum standards for attorneys representing parents and children in child protective proceedings;
• establish attorney compensation and training standards;
• establish caseload caps;
• provide access to expert witnesses and other supports for parent attorneys and lawyer-guardian ad litems;
• appoint parent attorneys and L-GALs in child protective proceedings;
•continuously review attorney performance for eligibility to remain on appointment list.
The Task Force also recommends that:
• all counties work with the Michigan Department of Health and Human Services (MDHHS) to determine how to access the federal title IV-E funding available to enhance legal representation in their county;
• trial courts require court-appointed lawyer guardians ad litem to submit a verified statement of services before each hearing;
• the State Court Administrative Office (SCAO) modify its child protective court forms to ensure that trial courts obtain the wishes of children when, and as required, by law;
• SCAO continue to provide trainings to judges on the importance and impact of hearing directly from youths, and about different ways of engaging youths in court; and,
• MDHHS explore using federal funds to create a summer program to place law students in legal, judicial, or other offices that focus on child protective law.
The Task Force was created in 2023 to address the wide disparities existing in child protective proceedings regarding how attorneys are paid, how much training they must receive, and how actively they must engage in a case.
• establish minimum standards for attorneys representing parents and children in child protective proceedings;
• establish attorney compensation and training standards;
• establish caseload caps;
• provide access to expert witnesses and other supports for parent attorneys and lawyer-guardian ad litems;
• appoint parent attorneys and L-GALs in child protective proceedings;
•continuously review attorney performance for eligibility to remain on appointment list.
The Task Force also recommends that:
• all counties work with the Michigan Department of Health and Human Services (MDHHS) to determine how to access the federal title IV-E funding available to enhance legal representation in their county;
• trial courts require court-appointed lawyer guardians ad litem to submit a verified statement of services before each hearing;
• the State Court Administrative Office (SCAO) modify its child protective court forms to ensure that trial courts obtain the wishes of children when, and as required, by law;
• SCAO continue to provide trainings to judges on the importance and impact of hearing directly from youths, and about different ways of engaging youths in court; and,
• MDHHS explore using federal funds to create a summer program to place law students in legal, judicial, or other offices that focus on child protective law.
The Task Force was created in 2023 to address the wide disparities existing in child protective proceedings regarding how attorneys are paid, how much training they must receive, and how actively they must engage in a case.
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