Members of the Child Protective Legal Representation Task Force (“Task Force”) held a virtual news conference Tuesday to release 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 included in the report is that legislators establish a statewide parent and child legal representation office. Michigan Supreme Court Chief Justice Elizabeth T. Clement shared key report findings, along with MSC child welfare co-liaisons and Task Force co-founders Justices Megan K. Cavanagh and Kyra H. Bolden.
“Protecting children and families is one of most important functions of our judiciary,” Clement said. “Through the work of this Task Force, Michigan can serve as a model in ensuring that all voices are heard in the courts.”
“Establishing a statewide system of legal representation in the child protective system was long overdue,” said Cavanagh. “I am proud that we now have a comprehensive, commonsense plan to pursue this and other meaningful reforms to help children find safe, nurturing homes.”
“The level of both expert and public input into this report is wide-ranging, and substantive,” said Bolden. “We very much appreciate the contributions of the Task Force and everyone who played a role in drafting the report. As a result of their hard work, these findings and recommendations will result in a system that makes every effort possible to protect children.”
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 the 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 Sen. Sam Singh, Michigan Senate, 28th District.
Sankaran said, “This report highlights the crisis in legal representation for parents and children in child protective proceedings across the state, and hopefully will mark the beginning of a sustained effort to dramatically reform the system to better serve families. Until this happens, we will continue to struggle in our outcomes for children in foster care.”
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,
• 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 being used in Michigan to represent individuals in different legal settings.
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. Courts across the state have been struggling for years to obtain and maintain court appointed attorneys for this important work due to low funding, competition from other private and publicly funded legal systems, and the complex nature of child protective proceedings. To learn more about the Task Force, visit www.courts.michigan.gov/administration/special-initiatives/child-protective-legal-representation.
“Protecting children and families is one of most important functions of our judiciary,” Clement said. “Through the work of this Task Force, Michigan can serve as a model in ensuring that all voices are heard in the courts.”
“Establishing a statewide system of legal representation in the child protective system was long overdue,” said Cavanagh. “I am proud that we now have a comprehensive, commonsense plan to pursue this and other meaningful reforms to help children find safe, nurturing homes.”
“The level of both expert and public input into this report is wide-ranging, and substantive,” said Bolden. “We very much appreciate the contributions of the Task Force and everyone who played a role in drafting the report. As a result of their hard work, these findings and recommendations will result in a system that makes every effort possible to protect children.”
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 the 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 Sen. Sam Singh, Michigan Senate, 28th District.
Sankaran said, “This report highlights the crisis in legal representation for parents and children in child protective proceedings across the state, and hopefully will mark the beginning of a sustained effort to dramatically reform the system to better serve families. Until this happens, we will continue to struggle in our outcomes for children in foster care.”
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,
• 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 being used in Michigan to represent individuals in different legal settings.
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. Courts across the state have been struggling for years to obtain and maintain court appointed attorneys for this important work due to low funding, competition from other private and publicly funded legal systems, and the complex nature of child protective proceedings. To learn more about the Task Force, visit www.courts.michigan.gov/administration/special-initiatives/child-protective-legal-representation.
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