Foster kids in court system need a lawyer's services

As a young outreach worker in Seattle, I remember how Missy, a young woman on the streets who I was working with, gave advice to another youth who was sought by the police. "On the way to the police station make sure you hit the cop," Missy told the other youth. I was stunned and confused, but Missy continued: "At least then you get a lawyer and get to go before the judge."

Because running away was not a crime, at the time and today as well, youths might be detained until an "appropriate placement" could be identified. Identifying an appropriate placement often took a very long time and Missy had figured out a way -- though perhaps not the most advisable way -- to get an attorney and get access to a court.

For most of the estimated 10,000 children and adolescents who are in foster care and legal dependents of the state of Washington, access to an attorney and to the court that controls their destiny is far from an option. Decisions about the lives of these youths are made in the dependency hearings, formal legal proceedings in which major life decisions are made. Those decisions include: whether a child or adolescent will return home, whether parental rights are terminated and what support resources may be ordered by the judge.

Unlike in most states, youths here have no legal advocate, nobody who can explain their rights or their options or who can advocate for their hopes. Washington is one of only 16 states where attorneys are not mandated.

Many do have the important benefit of a guardian ad litem (GAL) or court appointed special advocate (CASA). However, most GALs and CASAs do not have legal training, are not required to advocate for the stated interests of the youth and are not able to have confidential discussions with the youth.

Clearly, for many of us, having more attorneys involved in anything may seem counter-intuitive. The old one-liner that "no one likes attorneys until you need one" seems appropriate. However, here, in the most important legal proceeding any young person is likely to ever go through, the need is critical and glaring. As a parent, I cannot imagine allowing my child or adolescent to be in any courtroom without benefit of legal representation. Can you?

I'm convinced that despite some improvements in the foster care system, many of the problems that faced Missy and others in 1977 remain today. By having attorneys who have a reasonable caseload and are appropriately trained, we will see an increase in a number of positive child welfare outcomes -- better outcomes in their education, safety and permanency and, I believe, fewer runaways from foster care. Legal advocacy is especially crucial for those adolescents who may not return home and will "age out" of the foster care system at 18. Ensuring they receive all the resources and services that are available is critical to increasing their chances for a meaningful, successful adult life.

HB3048 -- sponsored by House Judiciary Committee Chairwoman Pat Lantz -- proposes to conduct a pilot project providing trained attorneys who have a reasonable caseload to adolescents 12 and older.

As a father of two and someone who has had the honor to work with children, youths and families in our community for more than 30 years, I believe this issue is about protecting children. Missy was absolutely correct: It is in the courtroom that major decisions are made and, thus, adolescents need to be active participants in their own lives. Trained attorneys are critical to improving outcomes for adolescents who are legally dependent. HB3048 is a major step forward.