Most States Fail to Adequately Protect the Legal Rights of Abused Children, New Study Finds

Most States Fail to Adequately Protect the Legal Rights of Abused Children,
New Study Finds

Second Edition State-By-State Report Card Shows Improving Grades in Some
States; Most Leave Children's Voices Muted in Legal Proceedings That Decide
Their Fate

Stronger State/Federal Laws Needed

News Conference Today At 1pm (EDT), U.S. Capitol Building - Room H-137

WASHINGTON, Oct. 15 /PRNewswire-USNewswire/ -- Most U.S. states do not
adequately protect the rights of abused and neglected children, leaving our
most vulnerable citizens exposed to the vagaries of the juvenile court system
without adequate legal representation, according to a state-by-state study
conducted by two national child advocacy organizations.

The peer-reviewed study -- A Child's Right to Counsel: A National Report Card
on Legal Representation for Abused and Neglected Children -- was released
today on Capitol Hill by First Star and the Children's Advocacy Institute at
the University of San Diego School of Law (CAI). To view the full report,
visit www.firststar.org, or www.caichildlaw.org.

"The federal government reported that nearly 800,000 children were abused or
neglected in 2007," said Amy Harfeld, Executive Director of First Star. "In
the current economic recession, these children are suffering more than ever -
reports of child abuse have skyrocketed while resources to help them have been
placed in jeopardy. Most of these children will go through court proceedings
that will determine their lives and futures. Yet while the state and the
allegedly abusive or neglectful parent stand in court with attorneys by their
sides, the children often stand alone and silent. They are herded through the
system without a strong voice to advocate on their behalf. This is a troubling
double-standard."

The report graded each state and the District of Columbia based on how well
they protect the legal rights of abused and neglected children in dependency
court. Twenty-nine states earned C's or lower:

-- Two states earned A+'s: Connecticut and Massachusetts
-- 9 states earned A's: Iowa, Louisiana, Maryland, Mississippi, New
Mexico, New York, Oklahoma, Vermont, and West Virginia
-- 11 states earned B's: California, Kansas, New Jersey, North Carolina,
Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, and
Wyoming
-- 14 states earned C's: Alabama, Alaska, Arkansas, Colorado, Michigan,
Minnesota, Montana, Nebraska, Nevada, South Carolina, Utah, Virginia,
Washington DC, and Wisconsin
-- 8 states earned D's: Arizona, Georgia, Illinois, Kentucky, Missouri,
New
Hampshire, South Dakota, and Washington

-- 7 states earned F's: Delaware, Florida, Hawaii, Idaho, Indiana, Maine,
and North Dakota

"The level of legal protection these children receive should not vary
depending on what state they call home," said Robert C. Fellmeth, CAI
Executive Director. "The stakes in these cases are high for all involved, but
especially for the child. Yet, in many states, not only have they been
betrayed and mistreated by their own parents, they have also been abandoned by
the very system that is supposed to protect their rights and their lives."

The study is the second of its kind. The first report, issued in April 2007,
prompted 17 states to adopt new legislation in the right to counsel arena. In
addition, advocates in many states have proposed legislative reforms, filed
litigation, or launched other efforts to ensure children's rights are
protected. States with improved laws include: Alabama, Arkansas, California,
Connecticut, Iowa, Louisiana, Massachusetts, New Hampshire, New York, Ohio,
Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Vermont and
Wyoming.

In addition, the federal government recently announced a five-year, $5 million
grant to research the benefits of providing counsel to children in these
proceedings. Up to now, research has been scarce.

"The tide is turning," said Peter Samuelson, co-founder and Chairman of First
Star. "Many jurisdictions are moving beyond the old legal paradigm that
treated children as chattel, and are recognizing that their opinions are
valuable in court proceedings that determine their futures. But there is still
a long way to go before we create uniform, nationwide legal protections for
these vulnerable children."

To build on this momentum, First Star and CAI recommend:

-- An amendment to the federal Child Abuse Prevention and Treatment Act
(CAPTA) that would require all abused and neglected foster children
receive quality client-directed representation in dependency
proceedings;
-- Passage by the American Bar Association of a Model Act that would
serve
as a prototype for states to establish uniform standards for
representing children in dependency cases;
-- Implementation of a loan forgiveness program for child advocate
attorneys, since compensation is prohibitively low;
-- Adoption of caseload limits of 100 clients so attorneys can focus
enough
attention on each case;

-- Support to ensure that abused and neglected children receive quality
representation in all court proceedings that determine their futures.

State grades were based on a rigorous examination of state law by leading
national child welfare experts, who established guiding principles and
developed a 100-point grading system. Criteria included: whether state law
mandates that attorneys be appointed for children in dependency proceedings;
whether these attorneys represent the children in a client-directed manner;
whether this representation continues throughout the case, including appeal;
whether states have specialized education or training of a child's counsel;
whether the child is given the legal status of a party to the proceedings; and
whether rules pertaining to confidentiality and immunity from liability apply
to attorneys representing these children. Extra credit was given if states
have mandatory caseload limits for children's counsel. Officials and/or
advocates from each state participated in the process and provided valuable
feedback.

"We hope this Report Card will become a tool to increase public awareness of
this issue, a rallying cry for advocates and lawmakers in poorly performing
states, and a source of pride for states that have enacted strong laws," said
Elisa Weichel, CAI's Administrative Director & Staff Attorney. "Tremendous
progress has been made in the last two years; it is our aim to build on that
momentum."

About First Star
First Star is a national 501(c)(3) non-profit that improves the lives of
America's abused and neglected children by strengthening their rights,
illuminating systemic failures, and igniting reform to correct them. We pursue
our mission through research, public engagement, policy advocacy, and
litigation. www.firststar.org

About The Children's Advocacy Institute
The Children's Advocacy Institute, of the University of San Diego School of
Law, works to improve the health, safety, and well being of children. In
addition to its academic component, CAI engages in regulatory and legislative
advocacy, impact litigation and public education in order to ensure that
children's interests are represented effectively whenever and wherever
government makes policy and budget decisions that will impact them.
www.caichildlaw.org

SOURCE First Star

Dominic Slowey of First Star, +1-781-710-0014