Print

Email story

Comment

Email editor

Florida, others get 'F' in abuse cases

A report criticizes 15 states for not requiring lawyers for abused children.

By ASSOCIATED PRESS
Published April 24, 2007

NEW YORK - Fifteen states, including Florida, get failing grades on a new report card assessing the legal representation provided to abused and neglected children as courts decide whether to separate them from their families.

The report, being released today by the Washington child advocacy group First Star, is sharply critical of states that do not require all children in these proceedings to be represented by their own lawyers.

It says more states should join the 17 that require lawyers in these cases to represent the child's expressed wishes and ensure that those preferences are heard in court.

"In these proceedings the family of a child can be created and/or destroyed based on the determination by the court," the report says.

Since 1974, Congress has required states to appoint a representative - often known as a guardian ad litem - for any child involved in abuse and neglect proceedings. However, states have interpreted the federal law in varying ways; the First Star report said 16 do not have statutes requiring that these children be represented by their own lawyers in all child-protection proceedings.

The report assigned grades based on several criteria, most importantly whether legal counsel for children is mandatory and whether that lawyer is required to advocate for the child's expressed wishes.

In several other states, children are routinely represented by nonlawyers, often volunteers from a nationwide program called Court Appointed Special Advocates. These advocates are widely praised for their dedication, and frequently spend more hours with a child than a lawyer could spare, but they often lack legal expertise.

"The court system has become increasingly complex," said Paul D'Agostino, executive director of the Child Abuse Council, a private nonprofit in Tampa.

He said children need "knowledgeable and sophisticated" representation."

Fast Facts:

States' grades

The grades assigned by First Star, a Washington-based child advocacy group, in a report assessing state laws regarding legal representation for children in abuse and neglect proceedings:

A: Connecticut, Louisiana, Mississippi, New York, West Virginia.

B: Arizona, Arkansas, District of Columbia, Georgia, Kansas, Maryland, Massachusetts, New Jersey, New Mexico, North Carolina, Oklahoma, Tennessee, Texas, Virginia.

C: California, Colorado, Michigan, Minnesota, Nebraska, Ohio, Pennsylvania, South Carolina, Utah, Vermont, Wyoming.

D: Alabama, Iowa, Kentucky, Montana, Oregon, Wisconsin.

F: Florida, Alaska, Delaware, Hawaii, Idaho, Illinois, Indiana, Maine, Missouri, Nevada, New Hampshire, North Dakota, Rhode Island, South Dakota, Washington.

[Last modified April 24, 2007, 01:22:17]