Study: Dependent Children Represented by Attorneys Have Better Experiences and Outcomes

Study: Dependent Children Represented by Attorneys Have Better Experiences and Outcomes

December 06, 2021

Attorney representation for children in dependency cases - such as cases which involve moving children into foster care - improves the children's court experiences, reduces disruption to their lives, reduces disruptions in their educational progress, and shortens the time they spend in dependency situations, according to a new study by the Washington State Center for Court Research.

The study was ordered by Washington lawmakers as part of a 2017 pilot program - the Dependent Child Legal Representation (DCLR) Program - in which children in two counties were provided attorneys to represent them in dependency cases for two years. The preliminary findings of the study were strong enough that the 2021 Legislature approved expansion of the program to all counties in the state over the next six years.

"The findings from this [DCLR] study, read in conjunction with the findings of the national 2015 QIC-ChildRep study, confirm once again the critical role that skilled and well-trained attorneys play in giving legal voice to children and youth in dependency cases and facilitating outcomes that serve their legal and stated interests," said Jill Malat, Children's Representation Program Manager at the Office of Civil Legal Aid.

"These findings confirm the wisdom of the Legislature's recent decision to extend the right to appointed legal representation to all children and youth ages 8 and above," Malat said. "This decision will reduce short and longer term costs to taxpayers and unnecessary placement moves for children and youth, and ensure greater accountability of the child welfare system and a faster track out of the foster care system for these young people."

The pilot project and study were launched because of ongoing concerns by state lawmakers, judicial branch members and child welfare officials that the voice of children should be more fully heard in dependency cases. This concern led to questions over whether the appointment of attorneys to represent the legal aid-stated interests of the children might markedly affect the trajectory of their lives.

The Dependent Child Legal Representation pilot program involved 434 children in dependency cases in Grant and Lewis counties from September 2017 through August 2019. A dependency case is one in which the safety and care of a child is in question and the child may be taken into the care of the state for a time, so they become "dependents" of the state until their situation is safely resolved.

Children involved in the pilot program were appointed attorneys trained in standards-based representation for the duration of the project. The results of their cases were compared to dependency cases in two similar counties, Douglas and Whatcom, which were conducted as usual without standards-based legal representation for the children.

At the conclusion of the two-year pilot program, the "2021 Evaluation of the Washington State Dependent Child Legal Representation Program" study by the Washington State Center for Court Research found that children with trained legal representation experience:

• 45 percent higher reunification rate with their biological parents,
• 30 percent reduction in the rate of placement moves, and
• 65 percent reduction in the rate of school moves outside of normal reasons such as moving up in grade.

Attorneys in the program frequently reported such actions as advocating against unwanted school moves, helping to enforce a youth's individualized education plan, and advocating for the child's desired placement.

In response to preliminary study findings, state lawmakers early this year approved SSH Bill 1219, signed by Governor Jay Inslee in May, to expand the DCLR program to all Washington counties over a six-year period beginning in 2022. The bill provides funding for ongoing quality assurance and evaluation.

The Office of Civil Legal Aid (OCLA) is an independent judicial branch agency responsible for administration of state funds appropriated by the Legislature to provide civil (non-criminal) legal aid services to low-income people in Washington state.

The Washington State Center for Court Research was established in 2004 by order of the Washington Supreme Court, and serves as the research arm of the Administrative Office of the Courts. Its research is intended to provide information on the work of the courts, help guide judicial policy and improve the functioning of the judicial system while serving all participants in the judicial process.

CONTACT: Jill Malat, OCLA Children's Representation Program Manager, 360-972-5794, [email protected]; Dr. Carl McCurley, Manager, Washington State Center for Court Research, (360) 705-5312, [email protected].

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