The significance of being provided legal representation is well understood in the child welfare system. Unfortunately, a youth’s involvement in his or her legal representation varies greatly depending on the jurisdiction and case. In addition, the exact scope of an attorney’s representation for a youth in a child welfare proceeding also varies across the nation. Despite the differences in legal representation for child welfare youth, states are increasingly providing more statutory requirements for youth to receive mandatory appointments of legal representation than previously available. Further, there is increasing empirical support addressing the benefits of legal representation for child welfare youth.
This article discusses the issues that surround providing legal representation to youth in child welfare proceedings. First, it provides an overview of the importance of representation for youth. Next, it surveys youth representation nationally and explores how the appointment of counsel in child welfare proceedings varies from state to state. The article then addresses distinctions between the roles of a guardian ad litem and an attorney, and potential concerns relating to serving in a dual role. It also discusses positive outcomes when youth receive legal representation. It then explores other potential representation issues relating to a youth’s party or participant status and a youth’s capacity to direct his or her representation. Finally, it provides recommendations for improvement to ensure youth receive client-driven legal representation.