Members of the Child Protective Legal Representation Task Force recently released a new 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.
Michigan Supreme Court Chief Justice Elizabeth T. Clement shared key report findings during a recent virtual news conference. She was joined by MSC child welfare co-liaisons and Task Force co-founders Justices Megan K. Cavanagh and Kyra H. Bolden.
The new statewide parent and child legal representation office 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 (L-GALs, legal representatives in child welfare cases who advocate for the child’s best interests);
• appoint parent attorneys and L-GALs in child protective proceedings;
•continuously review attorney performance for eligibility to remain on appointment list.
The justices were joined by the following Task Force members during a recent virtual news conference: Judge Tina Yost Johnson, 37th Circuit Court, Calhoun County; Professor Vivek Sankaran, director, Child Advocacy Law Clinic and Child Welfare Appellate Clinic, University of Michigan Law School; and state Sen. Sam Singh.
In addition to establishing a statewide system, 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.
Task Force members solicited input for the report from a wide array of stakeholders, including parents, children, and the legal community during its 2023 Public Listening Tour around the state, which held in-person sessions in Detroit, Cadillac, and the Upper Peninsula (Sault Ste. Marie, Marquette, and Gogebic County). Members also participated in virtual sessions in Berrien County, Kent County, and statewide. In addition, the Task Force studied the experiences of other states, as well as models used in Michigan.
The Task Force was created in 2023 to address 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.
Courts have struggled for years to obtain and maintain court appointed attorneys in this area due to low funding, competition from other private and publicly funded legal systems, and the complex nature of child protective proceedings.
Michigan Supreme Court Chief Justice Elizabeth T. Clement shared key report findings during a recent virtual news conference. She was joined by MSC child welfare co-liaisons and Task Force co-founders Justices Megan K. Cavanagh and Kyra H. Bolden.
The new statewide parent and child legal representation office 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 (L-GALs, legal representatives in child welfare cases who advocate for the child’s best interests);
• appoint parent attorneys and L-GALs in child protective proceedings;
•continuously review attorney performance for eligibility to remain on appointment list.
The justices were joined by the following Task Force members during a recent virtual news conference: Judge Tina Yost Johnson, 37th Circuit Court, Calhoun County; Professor Vivek Sankaran, director, Child Advocacy Law Clinic and Child Welfare Appellate Clinic, University of Michigan Law School; and state Sen. Sam Singh.
In addition to establishing a statewide system, 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.
Task Force members solicited input for the report from a wide array of stakeholders, including parents, children, and the legal community during its 2023 Public Listening Tour around the state, which held in-person sessions in Detroit, Cadillac, and the Upper Peninsula (Sault Ste. Marie, Marquette, and Gogebic County). Members also participated in virtual sessions in Berrien County, Kent County, and statewide. In addition, the Task Force studied the experiences of other states, as well as models used in Michigan.
The Task Force was created in 2023 to address 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.
Courts have struggled for years to obtain and maintain court appointed attorneys in this area due to low funding, competition from other private and publicly funded legal systems, and the complex nature of child protective proceedings.
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