Who speaks for the kids in dependency court?

When Washington children are removed from their homes due to abuse or neglect, their parents are represented by a lawyer in dependency court. The state has a lawyer at the table, too.

The kids, however, don't have that automatic right to counsel. In fact, at least one-third of Washington children who are removed from their homes don't have anyone at all to speak for them in court, according to a statewide work group studying the issue.

"We clearly don't, as a state, have an ethos that this is important," said Lisa Kelly, a University of Washington law professor who chairs the work group.

A study released Tuesday by First Star, a Washington, D.C.-based child-advocacy nonprofit, examined laws in all 50 states and found that Washington is one of 16 states in which the law doesn't require that kids in dependency cases get their own lawyers.

Under federal law, every child going through dependency court must have someone to represent him or her. That can be an attorney, who's generally supposed to advocate for what the child wants, or a guardian ad litem, who is supposed to determine what's in the child's "best interest."

Washington law allows the court to waive the representation requirement if it finds "good cause" — a phrase that isn't defined. In practical terms, kids get representation based on the rules and customs in their particular county.

In King County, kids 12 and older are generally appointed a lawyer. For younger children, the courts sometimes appoint a volunteer guardian ad litem, known as a Court Appointed Special Advocate (CASA).

But since there aren't enough CASAs to go around, hundreds of children in King County have no one speaking for their interests in court, according to Linda Katz, manager of the King County CASA program.

Other counties do things differently, Kelly said. Some appoint lawyers only when kids ask for them. Others have a single paid guardian ad litem who's supposed to represent all the children in the county.

"There are some counties where there is virtually no representation for children," Kelly said.

Studies have indicated that cases take longer when the child goes unrepresented, according to the state Office of Family and Children's Ombudsman. Kelly, who also runs the UW law school's Children and Youth Advocacy Clinic, said she often finds that children's needs — such as visiting siblings — go unmet if they're not represented.

This issue isn't new. In fact, some advocates have argued for years that Washington is violating federal law. But improving the system has been a matter of intense debate among interest groups.

Lawyers, for example, often argue that children — particularly adolescents, who are capable of voicing their own needs — should have lawyers.

Others say appointing attorneys would be costly and could cause other problems. They say kids should get guardians ad litem, like volunteer CASAs.

In recent months, steps have been taken to try to address some of the problems. This year, the budget for the statewide CASA program was increased by the Legislature nearly fourfold.

Kelly's work group was formed last fall as part of the Supreme Court Commission on Children in Foster Care. The group is exploring options for the representation of children and is expected to make recommendations this fall.

Maureen O'Hagan: 206-464-2562 or mohagan@seattletimes.com