Importance of Effective Legal Representation of Children to Achieve Permanency
Amanda Donnelly, Staff Attorney/Policy & Special Projects, National Association of Counsel for Children
 

Article

The success of a child protection case relies on establishing a permanency plan early in the case and focusing efforts of all parties to meet identified goals in a timely manner. This requires collaboration among the child welfare agency, the court, the parents and the child. Effective legal representation of all parties involved is critical to achieving good outcomes for court-involved families.

Effective legal representation of children contributes to a better informed court, more timely decisions and improved outcomes. Although the function of the child’s attorney varies by state,¹ lawyers in any capacity—either best interest advocates or direct representatives—have the responsibility to see that the petition is fairly adjudicated; state and federal law is complied with; the court makes reasonable decisions; the orders are upheld; and the child’s wishes are heard.

Effective Legal Representation²
When representing a child, an effective attorney focuses on achieving permanence for the child in a timely manner—through reunification with the child’s family of origin, adoption or other appropriate permanent placement. Achieving permanency requires individualized judgments by the court based on an assessment of each child’s needs and family’s circumstances. Judges are faced with making difficult decisions and the lawyer’s advocacy skills are important tools in the adversarial process.

The child’s attorney should focus on permanency, safety and well-being for each client at each stage of the court process. They should advocate on behalf of their clients at every stage of the case and express the child’s wishes to the court.

Thorough Investigation
The child’s legal representative plays an integral role in ensuring that the court has all relevant facts in the case so it is better positioned to make accurate and informed decisions. The child’s attorney should collect independent facts, meet with the child, talk to witnesses, observe the scene, read reports and talk to collateral sources to best advocate on behalf of his or her client.

The child’s attorney should determine a position, subpoena witnesses and obtain discovery. They should also investigate new placement options as needed and conduct home visits to assist with the facilitation of appropriate placements.

Concurrent Planning³
Concurrent planning is required to ensure that reasonable efforts are made to develop alternative plans at the same time family reunification is pursued. The child’s attorney should determine if the child is in a pre-adoptive placement and if not advocate for a transfer and investigate potential placement options. Although it is the department’s responsibility to find an appropriate placement, the child’s attorney provides oversight of the process and continual advocacy for the child’s interest in a secure placement.

Engaging Youth in Permanency Planning
Youth are often overlooked as resources; this is especially true for older youth who may be able to advise the court of existing relationships or potential placement options. Successful permanency planning relies on engaging youth in the planning process.⁴ The child’s attorney should encourage and support youth participation in the case process. They should visit and counsel clients and explain court findings and orders. When lawyers are aware of their clients’ wishes, they are better equipped to advocate for a successful placement.

Monitoring the Case Process
By monitoring compliance with court orders, the child’s attorney is able to document the case process, advocate for necessary services on behalf of the child and identify services for the parent that address reasons for their child’s removal. The child’s attorney should present evidence and report to the court on compliance issues to help keep all parties focused on achieving permanency. By requesting orders—even when everyone agrees to a service—the child’s attorney creates a mechanism for the court to hold all parties responsible. The child’s attorney should also keep everyone informed and mindful of their obligations by clarifying court orders, reducing them to writing and distributing them to the parties (as permitted by the court).

Filing Motions and Requesting Orders for Treatment
Motions can help ensure compliance with the case plan. The child’s attorney should seek court orders consistent with her position and seek appropriate orders for services for the child. This can include filing for termination of parental rights or a trial discharge plan when appropriate.

If reunification is not achieved, the child’s attorney should work with the department to identify permanent placements or work with the adoption attorney to finalize legal permanency for the child.

Results
Early permanency decisions and effective legal representation can also aid in reducing the child’s length of stay, number of moves and relationship disruptions while in care, potentially helping to make foster care a less traumatic experience for children.⁵ Although there are numerous obstacles to achieving permanency for children in foster care, a well prepared legal representative can help the state achieve timely permanency for children.
 

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