Originally published April 25, 2007 at 12:00 AM | Page modified April 25, 2007 at 2:02 AM
Who speaks for the kids in dependency court?
The parents and the state each have a lawyer, but kids don't automatically get counsel. A new group is examining how to make their voices heard.
Seattle Times staff reporter
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
Copyright © 2007 The Seattle Times Company
NEW - 12:17 AM
Big demand, grim outlook for state Basic Health Plan
Flood fears dampen business, home sales
Nicole Brodeur: Homeless woman bent on giving
Portland cafe's specialty: medical-marijuana tokes
Thousands of tax-refund checks undeliverable

PNW Magazine | Easy As Pie
A little friendly competition between professional pie-baker Kate McDermott and The Seatttle Times' Kathleen Triesch Saul is handled with great taste.
nwautos
Local riders say they've seen a surge in scooter interest in recent years, mostly from people wanting another commuting option. Seattle now ranks as o...
Post a comment
nwjobs
Post a comment
Michelle Goodman blogs about work/life balance.
Do you suffer from "sitting disease"?
Post a comment
- Illegal workers quietly let go
- Sprouts, raw fish on attorney's 'do not eat' list
- Jerry Brewer | Jerry Brewer: Seahawks can't lean on the Hutch Crutch now
- Woman stabbed by stranger in North Seattle
- Tattoos at Mill Creek church pierce skin, soul
- UW, WSU once again meet to see who's worse
- Food-safety lawyer's wish: Put me out of business
- Husky Football Blog | Ranking the Pac
- Vikings easily beat the Seahawks
- Tugboat sinks at Seattle waterfront pier
- Illegal workers quietly let go
408 - Climate change speeds up since 1997 Kyoto accord
215 - Metro won't cut bus service after all
160 - New Husky recruit: Enes Kanter
106 - Bellevue residents blast new bikini espresso stand
96 - Middleton says Huskies "plan on scoring at least 50 points'' Saturday
86 - Tattoos at Mill Creek Church pierce skin, soul
85 - Seattle woman charged with knife attack on boyfriend's ex
77 - Jerry Brewer: Seahawks can't lean on the Hutch Crutch now
75 - Senate Democrats split on health bill's fate
58
- Sprouts, raw fish on attorney's 'do not eat' list
- Tattoos at Mill Creek church pierce skin, soul
- Food-safety lawyer's wish: Put me out of business
- Illegal workers quietly let go
- Architects, chefs find 'kid' within to build Gingerbread Village
- Rediscovering Moab, 'the most beautiful place on Earth'
- Hutch gets $10M from Bezos family for immunotherapy research
- UW, WSU once again meet to see who's worse
- Children in home day care watching hours of TV, study says
- Taste | The Great Pie Bake-off pits friends and fruit





